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(영문) 춘천지방법원 2019.08.20 2019고단181
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

In 2015, the Defendant stated that “The Defendant would purchase a single land from Hongcheon-gun E and sell multi-household housing to the victim D at the office of a real estate agent located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, and Hongcheon-gun, and that “I would like to purchase a multi-household housing. I would like to make an investment by 2-3 women, and if you purchase a land, I would be able to construct a housing and pay profits within one year. I would also make an investment of KRW 100 million.”

However, at the time, the Defendant had a debt worth KRW 53,6860,000, and had been thought to use the amount received from the victim as personal debt repayment and living expenses, etc., and even if receiving money from the victim, there was no intent or ability to invest in purchasing E- Japan land or building houses as originally promised.

around 14:07 of April 1, 2016, the Defendant, from the victim, 35,000,000 won, from the Agricultural Cooperative Account (Account Number F) in the name of the Defendant; and

6. 6.14:45 Each remittance has been received 65,000,000 won to the same account.

Accordingly, the defendant deceivings the victim and acquired 100,000,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Details of account transactions;

1. Application of investigation reports (Analysis of the details of transactions in the accounts of Defendant Agricultural Cooperatives), and application of Acts and subordinate statutes to investigation reports (documents submitted by the Defendant);

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (at least KRW 100,000, but less than KRW 500,000) is special mitigation area (five to two months and six months): In a case where the defendant intentionally commits a deceptive act, the penalty surcharge [decision of sentence] shall be imposed [the decision of sentence] purchase of E-one land with the total sum of KRW 100,000,000,000, and sell the same money to multi-family housing.

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