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(영문) 제주지방법원 2015.04.20 2015고단382
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 18, 2015, the defendant was sentenced to six years in Jeju District Court to imprisonment with labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the above judgment became final and conclusive

On May 27, 2013, the Defendant, at the office of “E company” operated by the victim D (F) in Gyeonggi-si Kimpo-si, Kimpo-si, the Defendant, even if receiving money from the victim, was planned to use the apartment individually, and did not have the intent or ability to sell the apartment, the Defendant, despite having no intention or capacity to sell the apartment, purchased the apartment, “the apartment is a good apartment called temporary rental apartment that is linked to Jeju-si. The apartment sales amount is KRW 300 million. The apartment sales amount is KRW 12.8 million. The apartment sales amount is the KRW 12.8 million. If the Defendant transfers the money as the down payment, he/she will prepare and send a contract, and then, he/she shall receive KRW 10 million from the victim as the agricultural bank account (F) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of D police statement;

1. A complaint filed by the D, a statement of details of past transactions, and a statement of transactions by account;

1. Inquiries about details of transactions;

1. A report on investigation (the contents of G currency for reference);

1. Investigation report (Submission of suspect's H reference materials);

1. Investigation report (to refer to the statements of the I and J);

1. Investigation report (attached to details of account transactions in which apartment purchase and sale contract deposit was received), and the suspect agricultural bank account;

1. Previous records: Application of the Act and subordinate statutes to criminal records and investigation reports (Attachment to suspect rulings);

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

1. Concurrent Handling: It shall be decided as per Disposition for the reasons under the latter part of Article 37 and Article 39 (1) of the Criminal Act;

Reasons for sentencing shall be the basic area of types 1: June-16.

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