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(영문) 수원지방법원 안양지원 2014.02.11 2013고단1193

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

On July 201, the Defendant: (a) concluded a false statement with the G Licensed Real Estate Agent Office operated by the Victim F in Sinpo-si, Sinpo-si, Sinpo-si; (b) concluded a false statement with the said Victim, stating that “The Defendant may receive money from only KRW 10,00,00,00, because he/she was married with I, but he/she was found to have been in the first instance court after proceeding a lawsuit against I; and (c) concluded a land purchase consulting contract with the said Victim, etc., as if the said Victim purchased the real estate mediated by the said miscarriage.”

On September 3, 2011, the Defendant made a false statement at the above licensed real estate agent office stating that “I need to pay money, who will receive a miscarriage from his father if I lend money.”

However, the fact that the defendant did not have a miscarriage from his father, and even if he borrowed money from the victim because there was no particular property or income, there was no intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received one million won from the victim on the same day and acquired it by defraudation, and acquired it through the same method over a total of 16 times, such as the statement in the attached crime list.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including part and the whole part of the examination);

1. Statement of the police statement concerning F;

1. A written statement of F (including the attached part);

1. Application of Acts and subordinate statutes to the complaint (including attached parts);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that most of the damages have been indemnified, and the fact that it reflects it);