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(영문) 서울서부지방법원 2015.04.23 2014고단2309
사기
Text

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

Reasons

Punishment of the crime

On July 11, 2013, the defendant made a false statement to the victim D(63 years of age, women)'s house located in Sungnam-si, Sungnam-si, about July 11, 2013, that "it is possible for the victim to purchase the state land currently used by the party through a private contract with the Korea Asset Management Corporation, and that it is necessary to purchase KRW 50 million with working expenses, expenses, etc."

However, even if the defendant received money from the victim under the pretext of working expenses, etc., he did not have the intention or ability to purchase the above land by a private contract, and was a plan to use the money received from the victim as credit card payment, living expenses, etc.

The Defendant, by deceiving the victim as above, received KRW 49 million in cash from the victim who was in its possession, and received KRW 1 million in cash from the Defendant’s account on July 12, 2013, and acquired KRW 50 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement of the police and prosecutorial examination of the accused;

1. Statement of D police statement;

1. Full certificate of the registered matters;

1. A loan contract for State property;

1. A list of transactions;

1. Statement of intent to purchase, amount of purchase and a redemption contract;

1. A copy of the bankbook and a copy thereof;

1. A criminal investigation report (related to the currency of witnesses);

1. Recording recording recording and recording;

1. Application of the laws and regulations on the account of one bank;

1. The reason for sentencing of Article 347(1) of the Criminal Act and Article 347(1) of the Election of Punishment Act [the scope of recommending punishment] The basic area of punishment of types 1 (less than KRW 100 million) (6 to 100 million) (6 months) of the General Fraud / [decision of sentence] there are circumstances in which the defendant does not have the same criminal records and there is no criminal records beyond the fine. However, although the contents of the crime in this case by deceiving the victim that he would not get the land possessed by the victim out of land, it is not good that the crime of this case is committed by deceiving the money by deceiving him, and not only is it better that the crime in this case is committed, but also is committed by

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