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(영문) 제주지방법원 2016.02.15 2015고단1167
사기
Text

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

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

Reasons

Punishment of the crime

1. On May 28, 201, the Defendant against the victim C: (a) around 22:00, at the “E” bar of the victim C’s operation in Jeju Island; (b) in fact, the victim did not have the intent or ability to pay the alcohol value; (c) did not have the same attitude as paying the alcohol value; and (d) ordered the alcohol and alcohol.

Accordingly, the defendant was provided with 440,000 won in the market price from the damaged person, namely, 440,000 won, and acquired it by fraud.

2. On October 2012, the Defendant against the victim F was at the H office in the victim F’s H office located in Seopo-si G at Seopo-si around October 2012. The fact did not have the intent or ability to purchase the victim’s purchase of 900 square meters, including the site and commercial buildings in Seopo-si, Seopo-si, Seopo-si, and was thought to use the money received from the victim as the contract deposit for real estate sale and purchase as the Defendant’s living cost. Although the Defendant was entrusted with the right to receive the contract deposit from the owner of real estate, the Defendant was

It would be possible to purchase the above real estate in KRW 8-9 billion, so it would be false to change the down payment amount to KRW 10 million.

Accordingly, the defendant received 10 million won as down payment from the injured party and acquired it by fraud at around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s petition;

1. Application of Acts and subordinate statutes on receipt for safekeeping of cash;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the reasons for sentencing as follows);

1. The community service order under Article 62-2 of the Criminal Act;

1. Articles 25 (1) and 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution;

1. Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an application for compensation order;

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