(영문) 서울남부지방법원 2014.01.16 2013고단3961

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2014.01.16 2013고단3961

사기

Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

around January 28, 2013, the Defendant received 50 million won from the victim C as a security deposit to grant the right to sell in lots to the urban residential housing located in Gangseo-gu Seoul Metropolitan Government F and the tourist hotel and ancillary facilities located in Yangcheon-gu Seoul Metropolitan Government starting construction work around April 2013, and received 50 million won from the victim as a security deposit.

However, the above FF Urban Residential Housing is in charge of only the construction of the defendant's company and did not have the authority to sell it to others, and the construction was interrupted due to the lack of funds from the defendant company to the amount equivalent to 17 billion won. The above G Tourist hotel was extremely poor because it was extremely poor whether the construction site was commenced or not, and the defendant did not have the intent or ability to grant the right to sell the above two buildings to the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of each police statement related to C and H;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (the application for compensation is filed after the closing of argument, notwithstanding the fact that the application for compensation has to be filed until the closing of argument) on the grounds of sentencing after the prosecution of this case was instituted, and since the defendant is currently in personal rehabilitation, the defendant is currently in personal rehabilitation, the defendant shall be sentenced to a punishment against the defendant in order to give him an opportunity to pay additional damage,

참조조문

-소송촉진 등에 관한 특례법 제32조 제1항

-형법 제347조 제1항

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