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(영문) 광주지방법원 2014.06.11 2014고단1461
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 2, 2013, the Defendant made a false statement that “The Defendant was authorized to sell and sell the dry field D’s dry field 4,000 square meters and the dry field 5,000 square meters, etc. of YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

However, the Defendant did not have any intention or ability to sell free of charge because it was not delegated by F with the authority to sell free of charge, the owner of the said dry field.

The Defendant received from the victim the KRW 1 million in the face of the sum of KRW 7 million in the name of down payment and KRW 5 million in cash and KRW 2 million in the front of the check.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. The grounds for sentencing under Article 347(1) of the Criminal Code of the relevant criminal facts under Article 347(1) of the Act on the Punishment of Criminal Crimes include a number of persons who have been sentenced to a fine and a suspended sentence due to the same criminal act; the Defendant did not reach an agreement with the victim; compared to the same case, the amount of damage in this case does not seem to be significant; however, considering the need for recovery of damage in light of the victim’s difficult economic situation, other circumstances, including the Defendant’s age, family relationship, and the health conditions of the Defendant and his wife, the sentence shall be determined as ordered within the scope of the standard of sentencing [basic area: June - June 1], but shall not be bound by this court to give the victim an opportunity to reach an agreement.

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