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(영문) 창원지방법원 마산지원 2016.01.05 2015고단739
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 26, 2014, when the Defendant moved from the 2nd floor of Changwon-si, Changwon-si, Changwon-si, the head of the household to another location, the Defendant made a false statement to the effect that “The Defendant would return the deposit amount of KRW 25 million paid by the Korea Land and Housing Corporation to the Korea Land and Housing Corporation.”

The Defendant was selected by the Korea Land and Housing Corporation to support the pre-tax deposit for low-income earners, and the Korea Land and Housing Corporation leased the above house and was able to recover the pre-tax deposit amount of KRW 25 million. In fact, the Defendant was thought to use the pre-tax deposit at the time, due to the lack of financial resources at the time, and thus, the Defendant did not have any intention or ability to return the pre-tax deposit to the Korea Land and Housing Corporation even if he

The defendant obtained 25 million won from the victim D, that is, the victim's 25 million won from the victim's seat and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (Attachment to a real estate lease contract);

1. Application of investigation reports (LH legal team E relative telephone surveys) and investigation reports (G counterpart telephone surveys in charge of recipients of basic living in the F community service center) Acts and subordinate statutes;

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

1. The reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution are divided, and the sentence shall be determined as ordered in consideration of the following factors: (a) the victim has agreed to do so; (b) the victim has no record of the same kind of crime; and (c) the defendant's age, sex, background, motive and circumstance of the instant crime; and (d) the circumstances after the instant crime.

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