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(영문) 수원지방법원 성남지원 2015.12.30 2015고단1615
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 22, 2014, the Defendant issued the victim C with the right to sell apartment buildings and commercial buildings with the content that "D is constructing apartment buildings in the large exhibition zone, and the internal price of KRW 500 million is KRW 500 million, and 13% of the fees for the sales of apartment and commercial buildings from the executor company. (b) The Defendant made a false statement that he/she would remove part of the right to sell apartment units and sell commercial buildings with the sales price of KRW 20 million.

However, there is no intention or ability to pay fees by selling commercial buildings, etc. even if it receives money from D's apartment constructor due to the lack of the right to sell apartment buildings.

On July 22, 2014, the Defendant received 5 million won from the victim, respectively, at a national bank located in the Campdong-dong of Seongbuk-gu, Seongbuk-gu, Sungnam-si, and 15 million won from the non-commercial coffee shop located in the Pakdong-gu, Sungnam-si, Sungnam-si on July 30, 2014.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on the loan certificate;

1. Article 347(1) of the Criminal Code of the relevant criminal facts, Article 347(1) of the Criminal Code of the Criminal Act, the reason for sentencing choice of imprisonment with labor is planned, the crime of this case is to be agreed with the victim from the police investigation to the victim while the victim did not contact with the victim, and the victim submitted a written application for carbon punishment to the victim, and there was a record of having been sentenced to punishment due to fraud, etc., the punishment as set forth in the text shall be determined by taking into account

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