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Reasons
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(영문) 서울남부지방법원 2014.11.18 2014고단3220
사기
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A defendant shall be punished by imprisonment for four 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 May 21, 2013, the Defendant told the victim E that “The Defendant will clarify the marina room by June 30, 2000,000 won in the name of the deposit amount of KRW 80,000,000 per month, which is 600,000 won on the 6th floor of the Gyeonggi-si flood Zone F, Gyeonggi-si, and the construction is completed at the end of June.”

However, the facts are as follows: (a) the Defendant has already given G the foregoing Mana-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa

After all, the Defendant, as above, by deceiving the victim as above, received 20 million won from the victim as the down payment on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A copy of each police statement made to G and H;

1. Each investigation report (including a copy of the call report for reference, a copy of the records of G accusation case, the submission of notification, a copy of the records of H accusation case, I telephone conversations for reference persons, I telephone conversations for private house operators, J telephone conversations for private house operators, visit and investigation of suspect's place of business) and attached data (including a copy of each document);

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending punishment] is the case where a person committed a deceptive act with willful negligence (special mitigation) in the reduction area (one to one year) of types 1 (less than KRW 100 million) in general fraud (one to one year), or the case where the degree of deceptive act is weak [the decision of sentencing].

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