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(영문) 부산지방법원 2018.10.16 2018고단3109
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 2017, the defendant purchased 15 million won as the oral center next to the F building in Busan Dong-gu E has been sold to the victim D at the C restaurant located in Busan Dong-gu, Busan around 2017.

“.....”

However, even if the Defendant received the purchase price from the injured party, the Defendant was thought to pay the overdue monthly rent or use it as living expenses, and the said oral center did not have any intention or ability to transfer the ownership of the verbal center to the injured party as it did not go through any material.

As such, the Defendant, by deceiving the victim, received cash of KRW 10 million from the victim on three occasions on April 2017 from the victim, and acquired the cash of KRW 5 million from the H bank account in G on May 31, 2017.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the statutes on real estate sale contract;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] General Fraud (from June to one year and six months) / [Determination of sentence] 2002, there is no fact of criminal punishment after 200, health status seems not good, and considering the following: (a) the reason for sentencing under Article 62(1) of the Criminal Act / [Scope of Recommendation] general fraud; and (b) the basic area (from June to one year and six months) /

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