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(영문) 창원지방법원 밀양지원 2018.03.29 2017고단225

사기

Text

Defendants shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Defendant

A and Defendant B are persons in a de facto marital relationship.

The Defendants conspired to act in collusion, and around March 2014, at the place of residence of the Defendants in Ma, Defendant A’s Dong F and her husband’s “I know our good land.”

Land of H 3,986m2 is a good land where investment profits can be raised in preparation for aging.

The land sale price is up to 60 million won, and if 200 million won is paid, us will pay the remainder, and make a registration of 1/3 shares.

“.......”

However, in fact, the sale price of the above land was less than KRW 300 million, and the above land was established with the maximum amount of KRW 216 million, and the actual value was less than KRW 100 million, so the defendants are paid KRW 200 million from the damaged party.

Even if there was no intention or ability to register the share of land equivalent to KRW 200 million.

As above, the Defendants deceptiond the victim and their wife from the victim and its wife on April 14, 2014, up to KRW 177 million from Defendant B’s Nong Bank account, and the same year.

5.9. Receiving each transfer of 15 million won to the same account.

As a result, the Defendants were informed of the victim and received money of KRW 192 million.

Summary of Evidence

1. Each legal statement of witness F and G;

1. A certified copy of real estate registry;

1. A trading statement;

1. Recording records;

1. Application of Acts and subordinate statutes to the investigation report (No. 14 No. 5 of the evidence list);

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] is the case where: (a) the area of mitigation (one hundred million won or more, and less than five hundred million won) (one hundred to two years) [the person who is specially mitigated] the penalty is not imposed or the damage was restored to a considerable part (the decision of sentence] as follows; (b) the following circumstances and the defendants' age, environment, motive, means and consequence of the crime; and (c) the circumstances after the crime are committed.