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(영문) 제주지방법원 2014.08.22 2013고단1746
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant: (a) around August 2008, the Defendant: (b) held that among the victims D, E, and F wishing to purchase 248 square meters of 3295 square meters of the land owned by B as an access road to the farm road, the Defendant would post a telephone to the victim D; and (c) made it possible to purchase access roads at KRW 75 million from the landowner at home. However, the Defendant did not have been delegated prior to the sale of the said land by B.

Nevertheless, as seen above, the Defendant, as the victim D’s false statement, received KRW 1 million from the victims as the survey expense on December 2, 2008, KRW 10 million as the land sale and purchase contract deposit on December 11, 2008, KRW 1 million as the intermediary fee on December 18, 2008, KRW 2 million as the intermediary fee on December 22, 2008, KRW 2 million as the intermediary fee around December 22, 2008, KRW 1 million as the survey expense on December 26, 2018, KRW 1 million as the intermediary fee on January 7, 2009, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning D;

1. Investigation report (the contents of conversations with reference witness B), real estate sales contract, copies of bankbooks, relevant provisions of the applicable Acts and subordinate statutes concerning the criminal facts subject to the application of the Acts and subordinate statutes and the choice of a sentence: Article 347(1) of the Criminal Act, the scope of the recommended sentence on the grounds for sentencing sentencing of imprisonment with prison labor [the scope of sentence [the crime group, general fraud, type 1 (less than KRW 100 million), basic area, June - one year and six months] and the following circumstances shall be determined as per the Disposition in consideration of all the circumstances. favorable circumstances are recognized and contradictory to the facts: it is difficult to say that there is no criminal offense exceeding a fine after 201: The amount of deceptive fraud is small; damage has not been repaid until the lapse of five years; damage has not yet been paid until the date of the crime; the motive for the crime has been identical before the several times (the act of fraud has been committed on June 25, 2002; the age and health of the accused, etc.) and other circumstances after the crime:

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