beta
(영문) 인천지방법원 2014.05.22 2013고단6408

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 June 21, 2010, the Defendant made a false statement to the victim D on the 8th floor of the Incheon Southern-gu C building, stating that “A land in Cambodia E shall be purchased from Cambodia, and a part of the above land shall be sold at KRW 600,000,000,000, which is part of the above land, shall be sold at KRW 300,000,000,000, and there shall be no one who owns the land or may not trust and trust the business.”

However, in fact, since the land purchased by the defendant was paid only KRW 50 million as down payment, and the area of the land or the sales amount was not determined at all, there was no intention or ability to transfer 600 square meters out of the above land to the victim.

The Defendant, by deceiving the victim as above, received KRW 3 million from the victim, as the down payment, in the same place, and received KRW 27 million from the agricultural bank account under the name of the Defendant on November 9, 2010, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. An interrogation protocol of the police officer regarding F (including the substitute part);

1. Each police statement concerning D, G (including H and I statements);

1. A report on investigation by telephone;

1. Application of Acts and subordinate statutes to a receipt, each real estate sales contract, and a copy of Cambodian land contract;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (hereinafter referred to as “contributable circumstances”)

1. Application of the sentencing criteria [Determination of types of crime] below KRW 100 million by general fraud (special sentencing persons): Reduction elements: Imprisonment with prison labor for a mitigated area of punishment (determination of the recommended area and scope of recommendation): One year;

2. The fact that the defendant's decision of sentencing reflects his mistake, partly repaid the amount of damage, and agreed with the victim, and after around 192.