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(영문) 대전지방법원 2019.09.20 2019고단2376
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On August 8, 2017, the Defendant stated that “The Defendant would make a transfer of ownership under the name of 20 million won by granting KRW 13 million to the victim B, which would result in a lot of profits if it is well-run in the process of promoting solar-powered projects to the grant-gun C. In order to obtain this business license now, the Defendant would have to purchase the said land additionally (hereinafter “instant land”) and try to purchase the said land at KRW 20 million from the owner of the said land.”

However, in fact, the defendant was thought to consume the land of this case by receiving KRW 13 million from the victim for personal debt repayment, living expenses, etc., and there was no intention or ability to purchase the land of this case in the victim's name.

The Defendant acquired money from the victim on December 27, 2017 by remitting KRW 10 million from the victim, and KRW 3 million on February 7, 2018 from the victim to the E-Union account under the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of some police officers against the defendant;

1. The police statement concerning B;

1. A reply to the investigation report and the request for investigation and cooperation concerning the reason why the certificate of seal imprint is issued;

1. Application of the Acts and subordinate statutes governing filing of a complaint, copy of passbook, agreement, electricity generation business permit, photograph of text messages, details of passbook transaction, real estate sales contract, full certificate of registered matters, confirmation of cancellation, etc. of real estate transaction contract, drawings, copies, etc., electronic tax invoices, content certification, report of real estate transaction contract, report of real estate transaction contract, real estate transaction contract, certificate of completion of report, real estate transaction contract, real estate transaction contract, real estate transaction contract, proxy certificate

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

1. The crime of this case is committed in light of the circumstances of the crime of this case and the amount of deception under Article 62 (1) of the Criminal Act, but the responsibility of the crime of this case is in depth, and the defendant commits the crime of this case in an unreasonable way in the process of attempting solar energy business.

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