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(영문) 인천지방법원 부천지원 2017.12.15 2017고정880
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 2008, the Defendant received money from the victim C as the contract deposit for real estate sale and purchase, but did not intend to use it as the contract deposit for real estate transaction, the Defendant made a good real estate article that can enjoy profit from market price.

If the contract deposit of this article is lent, two copies of the principal shall be the profit.

The phrase “ makes a false statement.”

The defendant was issued a total of 8.4 million won on June 11, 2008, and 3.4 million won on July 18, 2008, from the damaged person as the down payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a certified copy of the register, a loan agreement, a letter, and details of transactions;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act recognize and reflects the Defendant’s mistake, but comprehensively considering various sentencing conditions, including the background of the crime, the amount of damage, and the fact that damage has not been recovered even after a long period of time since the crime was committed, the amount of fine under the summary order does not seem to be excessive. As such, the sentence is determined as above.

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