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(영문) 전주지방법원 정읍지원 2014.10.21 2014고단299
사기
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A defendant shall be punished by imprisonment for not more than ten 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

The defendant knew that C is entitled to 200 million won as compensation for land expropriation, and deceiving the victim to receive such compensation.

On July 15, 2011, the Defendant made a false statement to the victim at the victim's house located in Go Chang-gun D, stating that “The Defendant would provide 12,000 square meters worth as security on the ground that he or she owns a building in the ceiling, operates a pharmacy, operates a pharmacy, and provides 12,000 square meters worth on the ground that he or she is under joint and several sureties.”

However, the market price of the above-mentioned land is 50 million won or more, and 40 million won or less has already been set up, and the value of collateral was less than that of the above-mentioned land, but provisional registration is not set up without notifying the victim of the number and market price of the above land. In addition, the real estate owned by the defendant was also set for priority security, and there was no intention or ability to repay the amount to the victim even if it was borrowed money from the victim.

Around August 29, 2011, the Defendant, by deceiving the victim, received KRW 175 million from the victim to the E account from the victim, and acquired it by remittance.

Summary of Evidence

1. C’s legal statement;

1. Application of each Act and subordinate statutes to the accused concerning the examination of suspect;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) has no record of punishment for the same type of crime, and Article 62 (1) of the Criminal Act is not significant in the degree of deception active,

1. Social service order under Article 62-2 of the Criminal Act;

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