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(영문) 수원지방법원 성남지원 2018.05.04 2016고단2800
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 6, 2016, the Defendant, at the “C” real estate office located in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul, the Defendant held the right to sell the land for neighboring commerce or neighborhood living facilities in the housing site development zone designated by the Korea Land and Housing Corporation as the object of the E district living countermeasures.

The right of KRW 45 million will be transferred at its own discretion.

The phrase “ makes a false statement.”

However, the defendant did not have been designated as the subject of the living countermeasure in the E zone, and the F did not have the right to purchase the site in the housing site development project zone, so even if he received money from the injured party, he did not have the intention or ability to transfer the right.

The Defendant deceptioned the victim as such, and immediately received KRW 2 million from the damaged person as the down payment, from the damaged person, as the down payment, and was remitted KRW 43 million to the Saemaul Treasury account in the name of the Defendant on February 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The transfer of real estate rights and contracts for the sale and purchase of real estate, the source of confirmation of transactions and certificates of confirmation;

1. Application of statutes on certificates of details by account for membership trading;

1. Application of the sentencing criteria for sentencing of imprisonment with prison labor, comprehensively, by relevant Article of the relevant Act on the facts of crime, Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act;

1. [Determination of Type] Class 1 (less than KRW 100,000) (Determination of the territory of recommendation) (Determination of the territory of recommendation) basic area (the scope of recommendation), six months to one year and six months;

2. [Scope of applicable sentences] from one month to ten years;

3.[whether or not a stay of execution] Major Reasons: negative - Reasons for general consideration: negative - not less than twice a stay of execution, and no effort to recover from damage is made;

4. [Determination of Pronouncement of Punishment] The above elements of sentencing, affirmative false information notice, considerable amount of damage, circumstances unfavorable to the escape during the trial, confession, reflectivity, and absence of any record of the same kind of crime, etc. shall be considered as favorable circumstances.

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