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(영문) 서울동부지방법원 2013.12.26 2013고단2257
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

Defendant

Around October 2008, C made a false statement to the effect that, in the Defendant A’s vehicle parked in the Songpa-gu Seoul Stambadong-dong, Seoul, the victim D purchased the right to sell the shop in order to purchase it later. Pursuant to the first priority of the right to sell the shop in lots, C would sell the shop later at the time of development.

However, there was no intention or ability to allow the victim to purchase commercial buildings even if the defendant and C receive money from the victim because the right to sell commercial buildings is not itself.

The Defendant conspired with C to induce the victim as above, and was delivered KRW 20 million to the victim on October 29, 2008 as the shopping mall sales premium.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made in D in the second police interrogation protocol against the accused;

1. Statement made by the prosecution concerning D;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. It is ordered as ordered by taking into account the following circumstances: (a) the reason for sentencing under Article 62(1) of the Criminal Act: (b) the defendant repents his mistake; (c) the defendant has no criminal records of the same kind of crime and suspension of qualification or more; (d) the victim has not been punished; and (e) the defendant's age, character and conduct, environment, family relationship, occupation, etc.

It is so decided as per Disposition for the above reasons.

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