beta
(영문) 서울중앙지방법원 2017.08.30 2016고단2900

사기

Text

A defendant shall be punished by imprisonment for not more than ten 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

1. On March 17, 2011, the Defendant, at around March 10, 201, purchased and arranged the land and sold a large amount of profit within three months after selling it to the Defendant, at the victim E’s house located in the Nam-gu Seoul metropolitan area, on March 10, 2011.

“False speech was made to the effect that it was “.”

However, the defendant did not have any intention or ability to leave the profit within three months after the purchase of the above land.

As a result, the Defendant deceivings the victim by such a method, and received money from the victim to the Defendant’s Cit Bank passbook around the 17th of the same month as the purchase price for the land.

2. On April 14, 2011, the Defendant, via a telephone from the victim E on April 14, 201, sold a large amount of profit within three months after purchasing and disposing of the land, and selling it to the victim E.

“False speech was made to the effect that it was “.”

However, the defendant did not have any intention or ability to leave the profit within three months after the purchase of the above land.

The Defendant deceivings the victim by such a method, and received 30 million won from the damaged party as the Defendant’s Cit Bank passbook on the same day as the payment for land purchase.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement statement made by the police with respect to F (G) ;

1. Investigation reports (in the form of land H and currency contents), investigation reports (in the form of accompanying documents for a real estate sale contract), and the application of statutes on accompanying materials;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Suspension of execution;