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(영문) 수원지방법원 2015.09.02 2015고정1486
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 7, 2009, the Defendant: (a) calls from the victim E (the 47-year old-old-old person) to receive money from the victim; (b) provided, however, that the Defendant did not have the intent or ability to sell the apartment subscription passbook after purchasing the apartment subscription passbook; (c) provided the victim with the following premium attached to the apartment subscription passbook; and (d) provided the victim with the right to buy the apartment subscription passbook after purchasing the apartment subscription passbook; (b) provided that, after three months, the Defendant could benefit from the purchase of the apartment subscription passbook and then resell the right to purchase the apartment after selling the subscription passbook; and (c) provided the victim with the money borrowed from the victim in the F’s name.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Taking into account the following circumstances: (a) the first offense of sentencing under Article 334(1) of the Criminal Procedure Act is the first offense of sentencing; (b) the crime of deceitation; (c) the weak criminal intent of defraudation; and (d) the remainder of damage excluding KRW 7.5 million; and (e) the remaining parts are also recovered by agreement.

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