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(영문) 서울남부지방법원 2017.01.19 2016고단4629
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant around September 24, 2015, in E operated by the victim D in Dongducheon-si, Dongducheon-si, the victim "(G) was cut off in Dongcheon-si F and was temporarily interrupted.

As a result of the appraisal of the land, 1.6 billion won loan is possible from the financial right, and 500 million won out of the loan will be paid as the purchase price for the land and able to newly construct and operate a saving with the remaining money. Therefore, it was false that the money to be paid as the down payment for land sale is paid."

However, in fact, it is extremely unclear whether the G site can be loaned KRW 1.6 billion from the financial right as collateral, and there is no specific plan to prepare the land sale price of KRW 500 million, and even if the G site is paid money from the damaged person as the contract deposit for sale and purchase, there was no intention or ability to enter into a sales contract in the name

As such, the Defendant, by deceiving the victim, was transferred from the victim to a business bank account (Account Number: H) in the name of his/her father on the same day from the victim, to a third million won, and seven million won to the above account around October 2, 2015, respectively, as sales contract deposit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of the Act and subordinate statutes to a copy of a bankbook, investigation report (A’s failure to submit data), investigation report (I NNNJ and NNJ), investigation report (victim D’s hearing), investigation report (victim K’s hearing), and investigation report (referring to witness K’s hearing);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The 0 favorable circumstances for sentencing under Article 62-2 of the Criminal Act of the community service order were returned to the victim in full.

0. Unfavorable circumstances: A majority of criminal records, such as punishment and suspension of execution, are committed for the same crime.

0. Other circumstances, such as the motive, means, and result of the crime, relationship with the victim, circumstances after the crime, etc.

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