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(영문) 의정부지방법원 고양지원 2015.07.23 2014고단2309
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 became final and conclusive.

Reasons

Punishment of the crime

[Attachment] The Defendant is a person who was sentenced to a suspended sentence of two years on August 22, 2014, to imprisonment with prison labor for ten months for fraud in order to establish a district court senior branch on August 14, 2014, and the judgment becomes final and conclusive on August 22, 2014.

[Fraud] At the end of June 2011, the Defendant heard the victim C, which was known at the Goyang-gu Goyang-gu Goyangdong-gu, Goyangdong-gu, Goyangdong-gu, Goyangdong-gu, 93, that “I want to change the category of D land in Goyang-gu, Soyang-gu, Soyang-gu, Goyang-gu from forest land to forest land site, so permission is not well granted, and it is not easy to grant permission.” On July 201, 201, the Defendant falsely stated that “I know the method of land category change when I know about many people in the above D area. I want to change the category of D land in Gyeyang-gu, Soyang-gu, Soyang-gu, So-gu, So-gu, So-gu, So-gu, So-gu, So-called, Goyang-gu, Goyang-gu, into forest land site.”

However, in fact, the defendant did not have any intention or ability to change the land category of another person, even if he received the cost of appeal from the victim, since there was no intention or ability to change the land category of another person.

Nevertheless, around July 25, 2011, the Defendant received KRW 7,500,000 from the victim’s account under the name of the Defendant for the purpose of receiving expenses and other funds for land category change, and received KRW 3,20,000,000 from the end of the same year to the end of November of the same year in total nine times, as shown in the attached crime list.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A previous record of each statement of transactions;

1. A written report on criminal records;

1. Application of each investigation report, each case search statute

1. Article 347 (1) of the Criminal Act comprehensively including relevant Articles of the Criminal Act and the choice of punishment. Article 347 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62(1) of the Criminal Act:

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