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(영문) 청주지방법원 2018.08.17 2017고단2836
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant around May 2014, at the office of the defendant in the petition-gu, Cheongju-si, Cheongju-si, the victim D is 8,00 square meters of forest land in Cheongju-si E, and the cost of forest land is expected to be developed.

The ruling party stated that it would be able to obtain large profits from resale by covering the down payment of KRW 30 million with the burden of paying the down payment of KRW 30,000,000 for the real estate, and by resale the real estate, the seller is certain, and if it does not sell the real estate, it would pay the gold and balance directly at home.

However, in fact, even if the Defendant received money from the injured party as the down payment from the seller and paid it to the seller, if he could not seek a person to resell or resell the said real estate, he did not have the intent or ability to pay the said money and the balance even during the term of the above sales contract. The Defendant, even though the actual necessary down payment was KRW 20 million, by deceiving the injured party as if it is necessary, received the said amount from the injured party as if it were necessary, and then, he thought to use the said amount individually.

Ultimately, the Defendant, as seen above, received KRW 30 million from the injured party on May 27, 2014 at a point within the territory of the Cheongju, Nonghyup, the Defendant paid KRW 20 million to the seller as the down payment and acquired the remainder KRW 10 million by defrauded.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

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

1. Details of check issuance, application of the Acts and subordinate statutes of the real estate sale contract;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances that are disadvantageous to the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act: The circumstances that are favorable to the criminal records of the same kind: the fact that the criminal records are likely to reflect his/her mistake, and five million won, which is part of the money obtained by deception, shall be the broker.

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