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Reasons
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(영문) 창원지방법원 2014.01.22 2013고단2737
사기
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1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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

On December 12, 2012, the Defendant stated that “The Defendant would make the apartment house a lease on a deposit basis of KRW 190,000,000,000,000,000 as the down payment, the Defendant would cancel the provisional registration set out in the register of register with the money, and would cancel the right to collateral security, with the maximum debt amount of KRW 260,000,000,000,000,000 from the window of Changwon-si, Changwon-si.”

However, the Defendant did not use to cancel the provisional registration set forth in the above apartment, even if he received the down payment from the victim, and had the idea to pay it as the purchase price for other apartment and passenger cars. Even if he received the remainder, he did not have any intention or ability to cancel the said collateral security.

As above, the Defendant, by deceiving the victim and deceiving the victim, received a total of KRW 10 million from the victim on December 12, 2012 and KRW 40 million around December 20, 2012, and obtained a total of KRW 50 million from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of Acts and subordinate statutes to a certified copy of register;

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

2. The reasons for the suspended sentence under Article 62(1) of the Criminal Act ( Taking into account factors favorable to the defendant among the reasons for the suspended sentence) are the criminal records of the defendant (the crime committed during the suspended sentence period due to the same type of crime), the circumstances leading to the crime in this case, the degree of damage to the victim, the fact that the defendant agreed with the victim, and the family relation of the defendant.

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