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(영문) 부산지방법원 2016.01.14 2015고단9
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 2012, the defendant purchased land from the defendant's office in Seongbuk-gu, Sungwon-gu, Sungwon-gu, Sungwon-gu, to the victim E (the defendant) and construct civil engineering works.

On the access road at the entrance of the land, there was a dispute between the Dong and Dong residents, and the settlement cost will be lent to the loan of KRW 40 million, and the principal and interest will be returned to KRW 60,000,000 for three months, and the permission for the development activities of civil engineering will also be made under the name of the party.

“...”

However, even if the defendant received money from the injured party, he did not intend to use it to resolve the dispute of the Neow residents, and tried to use it to pay personal debts, and the defendant did not actually invest in the Changwon Mung-gu where the civil engineering project was promoted, and there was no intention or ability to allow the victim to engage in civil engineering development activities in the name of the injured party.

On August 31, 2012, the defendant deceivings the victim as above and acquired 40 million won from the victim to the Agricultural Cooperative Account in the name of the defendant on August 31, 2012.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The punishment shall be imposed by taking into account the following factors: (a) the applicable provision of Article 347(1) of the Criminal Act on criminal facts: (b) the reason for sentencing [the scope of recommending punishment] [the grounds for sentencing] under Article 347(1) of the same Act on the basis of the basic area (from June to January 16) (the scope of sentencing less than KRW 100 million) (the person who is subject to special sentencing] and the extent of comparative sentencing between June and recommendation: (c) June to January 6 [the sentence]; (d) the amount of damage has not yet been recovered from damage; and (e) the amount of damage has not yet been recovered from damage; and (e) the Defendant

The sentencing conditions prescribed in Article 51 of the Criminal Act, and sentencing guidelines prescribed by the Supreme Court Sentencing Committee, shall be determined as ordered in consideration of the above circumstances.

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