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(영문) 인천지방법원 2018.10.10 2017고단4326
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who introduced the victim D to purchase a forest land of 374 square meters in Incheon Spogjin-gun, Incheon, while conducting a sales agency business.

On April 28, 2016, the Defendant may, if he/she purchases the C forest land from the victim in the sales agency office located in Incheon Cheongjin-gun E, a house for all of the citizens may be located.

It will put up a house with the construction cost of KRW 80 million in the face of the week.

First, it was false to the effect that the down payment is made and the additional cost is changed later.

However, in fact, the defendant did not have received a building permit for the above forest land at that time, and the defendant thought that he would use the money to remove another warehouse building at that time, and did not have the intention or ability to leave the house for the above land.

Nevertheless, the Defendant: (a) by deceiving the victim on April 28, 2016, and transferred KRW 12 million to the Defendant’s credit cooperative account (F) under the name of the Defendant on April 28, 2016; and (b) transferred KRW 13 million to the same account on June 13, 2016 under the pretext of installation of parking lots.

Accordingly, the defendant deceivings the victim, thereby deceiving 25 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reasons for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended sentence] In general fraud [the scope of the recommended sentence] [the sentence] under the basic area (from June 1 to June 6), / [the sentence] / the sentencing conditions specified in the trial process of this case, including the Defendant’s age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime, shall be comprehensively taken into account, and the sentence as ordered.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

The defendant is an initial offender who has no past record of punishment.

Unfavorable circumstances:

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