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(영문) 서울북부지방법원 2016.01.20 2014고단1717
사기
Text

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

Reasons

Punishment of the crime

On January 3, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Northern District Court, and the execution of the sentence was terminated on July 2, 2013.

On August 27, 2013, the Defendant may receive loans of KRW 3.2 billion or KRW 3.5 billion as security and pay the balance of purchase of land to the victim E who intends to purchase land for business in front of the agricultural community located in Yangyang-si, Nam-si.

It is intended to receive a loan of KRW 30 million up to KRW 3.5 billion on the face of a week to cover expenses incurred in land appraisal and lending.

“ .......”

However, even if the defendant received the above money from the injured party, he was planned to use it in debt repayment and living expenses. At the time, the market price of the above land was 2.5 billion won, and there was no intention or ability to receive the above money.

Nevertheless, the Defendant, as such, by deceiving the victim, obtained the amount of KRW 30 million from the victim to the Agricultural Cooperative head of the Tong I in the name of the defendant's wife on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A real estate consulting contract;

1. A copy of a letter of payment;

1. A certified copy of real estate registry;

1. A list of savings deposit transactions;

1. Investigation report ( telephone conversations with reference witnesses J);

1. Investigation report (K telephone communications for witnesses);

1. Previous convictions: Application of the Acts and subordinate statutes on personal identification and acceptance status, such as a written inquiry, copy of the judgment, etc.;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant committed the instant crime, which is the same kind of crime during the period of repeated crime for which long has not yet passed since the Defendant was sentenced to punishment for the same type of fraud, and that the amount of damage was not much specified, and that agreement with the victim or no recovery of damage was made, and that money was received from the victim.

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