beta
(영문) 인천지방법원 2018.09.13 2018고단5236

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On May 3, 2018, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Punishment of Acts, such as the Mediation of Commercial Sex Acts, etc. (the brokerage, etc. of commercial sex acts) at the Busan District Court’s Vice-Support, and the judgment was finalized on July 21, 2018.

[2] On July 26, 2015, the Defendant: (a) prepared a sales contract, etc. with regard to the right to purchase the said right to purchase the said right to purchase the said right at a coffee shop in Ansan-si, and received the said money from the injured party on the same page; (b) prepared a sales contract, etc. with regard to the right to purchase the said right to purchase the said right to purchase the said right to purchase the said right to purchase the land at the same coffee shop, and received the said money from the injured party on the same page; (c) prepared a sales contract, etc. with regard to the right to purchase the land for support for the stabilization of livelihood at the same coffee shop as of KRW 23 million with regard to the purchase price as to the right to purchase the land for support for the stabilization of livelihood; and (d) received the said money from the injured party.

However, before 2013, the Defendant was informed by the Water Resources Corporation that he had already been excluded from the person subject to the relocation measures, but was not entitled to the right to sell the said housing site, thereby deceiving the victim by falsity and deceiving the victim of the said sum of KRW 193 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against C;

1. Contracts, etc. for trading;

1. Response to a request for cooperation in investigation (the fact that he/she is excluded from measures for relocation);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (information on search, etc. of the case), one copy of case summary information, and application of the sentence 2 of the judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The first sentence of Article 37 of the Criminal Act to treat concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Article 62(1) of the Criminal Act provides that the reason for sentencing under Article 62(1) of the suspended sentence is as follows.