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(영문) 대구지방법원 2015.04.23 2015고단8

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On June 26, 2014, the Defendant appears to have been sentenced to imprisonment of two years and six months with prison labor for fraud, etc. at the Daegu District Court on November 15, 2014, and deemed to have written in writing “ July 5, 2014” in the indictment written on November 15, 2014.

(See 62 pages) The judgment became final and conclusive.

On October 201, the Defendant made a false statement to the victim C, “The building owner of the Gu E in Daegu Northern-gu and six parcels, signed a contract with the owner of the building, and entrusted the construction of the building on the land. The Defendant would have KRW 20 million be ordered to remove the building on the land, and the 60% of the building already scheduled to be built was sold in lots at the beginning of the week.”

However, in fact, the defendant did not pay the down payment to the contractor of the building without receiving the investment from investors at the time, so even if he received the above money from the victim, he did not have the ability and intent to have the above removal work.

Nevertheless, on October 18, 201, the Defendant received a total of KRW 5 million from the victim, KRW 5 million around the same month, KRW 5 million around the same month, and KRW 9 million around November 1, 201 of the same year from the victim to the community credit cooperatives (F) in the name of the Defendant, and received a delivery of KRW 20 million in cash around that time.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A certificate of details, a contract, a written agreement, a contract for removal of the Gu E in D, a statement of transactions on self-reliance deposits, and a part of the registered matters for each member trading account;

1. Previous convictions in judgment: A inquiry report, investigation report (report attached to the same type of force), court rulings (201st order 3808) and application of one of the Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing) is as follows.