beta
(영문) 서울동부지방법원 2014.08.13 2014고단1632

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 of the final judgment.

Reasons

Punishment of the crime

On March 3, 2010, the Defendant, at the D Licensed Real Estate Agent Office operated by Seongbuk-gu Seoul Metropolitan Government (D Licensed Real Estate Agent Office) on March 3, 2010, brokered the sale and purchase of E in Seongbuk-gu Seoul F 101, the seller, and made a false statement to the victim G, the buyer, about KRW 300 million.

However, the defendant was aware that the sale price of the above real estate was KRW 280 million, and the difference was KRW 20 million.

Around March 3, 2010, the Defendant received KRW 50 million from the victim as the down payment, and around April 26, 2010, the Defendant borrowed KRW 230 million from the Sig Agricultural Cooperative as security the said real estate, and on May 7, 2010, borrowed KRW 20 million from H as security, and received KRW 300 million in total. Of the said money, the Defendant paid KRW 280,000,000 from the said money to E under the balance.

Accordingly, the defendant was given property(20 million won) by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and C (including G statements);

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning G;

1. A report on investigation;

1. Application of a sales contract for multi-household, certificate of mutual aid, full certificate of registered matters, and Acts and subordinate statutes on deposits without passbook;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The period of suspended execution pursuant to the sentencing guidelines under Article 62 (1) of the Criminal Act (i.e., the process and circumstances of the crime, the amount of damage, and the fact that there is no previous record of a fine): The basic area of type 1 of general fraud (6 months to June);