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(영문) 창원지방법원 2011.07.08 2010고단3351
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On May 7, 2009, the Defendant was sentenced to ten months of imprisonment for fraud at the Changwon District Court, which became final and conclusive on May 15, 2009.

On January 208, 2008, the Defendant stated that “The victim C would be able to receive a large amount of loans by setting the appraised value of the factory site purchased through a certified public appraiser who knows the activity cost of KRW 60 million on the face of the week,” at the mutual infinite Office of Real Estate Brokerage in Yongcheon-si, Youngcheon-si.

However, the fact does not have the intention or ability to allow the defendant to get the loan by determining the factory site to be purchased by the victim high appraisal.

As above, the Defendant, by deceiving the victim, received from the victim on April 10, 2008, KRW 20 million from the victim, KRW 40 million on April 18, 2008, and KRW 60 million on a total from April 18, 2008, and acquired it by deceiving the victim as a deposit account of community credit cooperatives.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused (including the statement section C or D in the fourth protocol);

1. Statement to C by the police;

1. Statement by mail to E;

1. A copy of the deposit account;

1. Investigation report (to be accompanied by a detailed statement of passbook transactions);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report attached to written judgments);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and the main sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (trade between frauds for which the judgment becomes final

1. Article 62 (1) of the Criminal Act (Considering the following grounds for sentencing)

1. The crime of this case by deceiving the accused to raise the appraisal price of the land so that the accused can obtain a large amount of loans by raising the appraisal price of the land from the victim, and the quality of the crime of this case that acquired money, is not easy, but the accused has been sentenced once to imprisonment with prison labor and a suspended execution once due to fraud, but the accused has been sentenced once to imprisonment with prison labor and a suspended execution once. However, the accused is aware of the crime and is divided.

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