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Reasons
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(영문) 창원지방법원 밀양지원 2014.07.24 2014고단43
사기
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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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 29, 2011, the Defendant made a false statement to the Defendant’s house located in G apartment No. 107 Dong 203, G apartment 107 Dong 203, the Defendant: “Around April 29, 2011, the Defendant, at the Defendant’s house located in G apartment 107 Dong 203, had a good argument on “YYE (2764m2),” and purchased 1/2 of the shares, and subsequently, purchased 1/2 of the shares, and transferred 38 million won to the Defendant.”

However, the Defendant did not have any funds to purchase the above land. After registering the above land under the Defendant’s sole name, it was thought that the above land was appropriated for receiving the land price to be borne by him as a collateral. Even if the above land was purchased, the Defendant did not have any intent to register the co-ownership in the name of the victim.

Nevertheless, the Defendant received KRW 7.4 million from the victim on May 2, 201, around May 6, 2011, KRW 15 million on May 6, 201, and KRW 15.6 million on May 11, 201, in total, KRW 38 million from the victim to the agricultural bank account in the name of the Defendant.

Accordingly, the defendant deceivings the victim to acquire the property owned by the victim.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Statement of D police statement;

1. Each report on investigation;

1. Application of the written complaint, detailed account information of a national bank, textbook photographs, and the register and other Acts and subordinate statutes;

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

1. Article 62 (1) of the Criminal Act;

1. In full view of all the circumstances at the time of the instant case, including the following: (a) the Defendant and the victim of the instant case at the time of conviction and sentencing under Article 62-2 of the Criminal Act; (b) the Defendant did not notify the Defendant of the establishment of the right to collateral security on the instant land; and (c) the Defendant registered the said land under his/her own name without notifying the Defendant of the establishment of the right

The sentencing is not agreed with the health department and the victim.

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