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(영문) 대전지방법원 2014.02.07 2013고단4179
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From January 2007 to May 2012, the Defendant served as an accounting at the Partnership for Housing Redevelopment Improvement Project in Daejeon-gu, Daejeon-gu.

On January 2012, the Defendant stated that “The victim E, who was aware of the land within the zone for the redevelopment and improvement of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of the zone of 11,875,000 won as the purchase price of the F site of the area of the zone of the zone of the zone of the zone of the zone of 625,000 square meters, would be able

However, in fact, even if the defendant received money from the victim, he did not wish to withdraw it and use it for the repayment of bonds, and he did not have the intent or ability to purchase the above site for the victim, so such words were false.

Therefore, the Defendant, by deceiving the victim as such, received a total of KRW 11,875,00 from the victim on February 1, 2012, in the name of the purchase price of the said site from the Defendant, to the national bank account (G) in the name of the said union.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

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

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Code of the Suspension of Execution is that the defendant misleads himself/herself and repents, there is no record of criminal punishment against the defendant, the defendant paid 3.7 million won to the victim, and the defendant also paid 3.7 million won to the victim by preparing a notarial deed and paying the remaining money in monthly installments, including interest, and other various sentencing conditions shown in the arguments of the case, including the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.

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