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(영문) 인천지방법원 2013.11.25 2013고단5755

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Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, when operating a multi-family housing sales agency chain (ju), entered into a contract with the F Regional Housing Association and the (ju) Jindydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydydgydydydgydgydgydgydgydgydgydgydgydgyd the company’s employees, so it was difficult to properly

Nevertheless, on February 1, 2010, the Defendant stated that “Around the day of February 2010, the Defendant is running a sales agency business for the (State) K apartment units with the victim I’s agent, and there is a lack of initial project cost. The Defendant may recover KRW 200 million, which is the total amount of the investment money, by receiving a sales commission by April 30, 2010, from the investment of KRW 100 million. Even if the sales commission was not paid by May 1, 2010, the Defendant would pay KRW 50 million to the principal amount as a penalty even if the sales commission was not paid by the date of May 1, 2010.”

However, there was no intention or ability to pay the investment principal and penalty of KRW 50 million even though the defendant was unable to receive the sales agency fee through the sales agency business, and even if he was paid the investment money from the victim because there was no particular asset.

On February 12, 2010, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim to the account of passbook (M) in the name of Korea Bank on February 12, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement of I;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The defendant among the reasons for sentencing under Article 62(1) of the Criminal Act.