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(영문) 광주지방법원 2016.06.23 2016고단588
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On July 13, 2011, the Defendant, on July 13, 201, purchased the land of the Defendant to the victim D in the mutual influence of the trade name located in the dong-gu, Gwangju, the Dong-gu, Gwangju, and sold it to the Party.

“.....”

However, the defendant did not have the ability to transfer the ownership of the above land even if he received money from the injured party as the purchase price, since he did not purchase the above land.

As above, Defendant 1 received the total sum of KRW 5,00,000 from the injured party through the agricultural bank account in the name of Defendant, KRW 3,000,000 on the same day, KRW 18,000,000 on the 15th day of the same month, and KRW 18,000,000 on the 18th day of the same month from the injured party.

2. On July 21, 2011, the Defendant: (a) around the victim’s office located in Seo-gu, Seo-gu, Gwangju on July 21, 201, the Defendant purchased 10,000 square meters of the good land.

“.....”

However, the defendant did not have the ability to make the above land purchased by the injured party.

As above, Defendant 1 received money KRW 15,00,000 from the victim through the agricultural bank account in the name of Defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. Investigation report (G hearing statements);

1. A detailed statement of each deposit transaction;

1. A copy of each real estate transaction contract, letter, or passbook;

1. Application of statutes on a certified copy of register;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] There is no basic area (six months to one year and six months) (the period from six months to one year and six months) [the person subject to special sentencing] [decision of sentence] Defendant is punished by imprisonment with prison labor at the Gwangju District Court on March 29, 201.

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