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(영문) 의정부지방법원 2018.01.16 2017고단2934
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant was aware of the deposit of KRW 54,857,810 of the compensation money on June 13, 2016 and tried to defraud part of the money.

On June 23, 2016, the Defendant deposited the victim’s compensation by means of force to the Korea Land and Housing Corporation in order to avoid the compensation.

A half of the compensation for land was required to go to the mortgagee, but half of the compensation was required to be paid in full, so it was required to have the employee of the Korea Land and Housing Corporation take personnel affairs.

However, the defendant did not have contributed to the deposit of the above compensation, and even if he received the payment, he did not have the intention or ability to use it as the personnel expenses of the Korean Land and Housing Corporation.

Nevertheless, the Defendant received from the injured party the cash of KRW 22 and KRW 50,000 in total from KRW 27,00,000 from KRW 1 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and F;

1. Application of a certified copy of register, a document of deposit, a notice of deposit of money, a statement of withdrawal of deposit money, a request for withdrawal, a request for withdrawal of deposit money, a written request for withdrawal of deposit money, a statement of interest on deposit,

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Social Service Order and the reason for the protection and observation of protection [the scope of recommendation] of sentencing under Article 62-2 of the Social Service Order Act [the scope of punishment] There is no basic area (6 months to one year and six months) [the person subject to special sentencing] [the decision of sentencing] of this case is very poor as the content of this case's deceptions for public official's work, and the defendant has purchased the victim's right to move at a very low level compared with the victim's market price and has provided considerable profits after resale.

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