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(영문) 대구지방법원 2017.10.19 2017고단371
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On August 28, 2008, the Defendant was sentenced to imprisonment with prison labor of ten months for fraud at the Daegu District Court on August 28, 2008 and completed the execution of the sentence on August 6, 2009.

On June 23, 2011, the Defendant stated that the victim F would transfer the ownership transfer registration of the said forest when selling 150 square meters of the land in the north-gu G G at the port and paying the balance to March 31, 2012. However, around November 2011, the Defendant called that “the victim would trade 3.50 square meters of the said G forest in the north-gu G forest in the above G and transfer the ownership registration of the said forest to the ordinary 400,000 won and transfer the ownership registration of the said forest.”

However, in fact, the defendant was not the owner of the above forest land, and it was not possible to pay the down payment of the above forest land because there was no other property, so there was no ability and intention to transfer the ownership to the victim.

As above, the Defendant: (a) by deceiving the victim as above; (b) received the total amount of KRW 45 million from the victim as the purchase price for the land on June 23, 201; (c) KRW 5 million around July 2, 2013; (d) KRW 25 million around July 8, 2013; and (e) received KRW 7 million from the victim as each check on September 11, 201; and (e) received KRW 98 million from the victim on the date, by receiving KRW 16 million in cash on the date; and (e) receive KRW 16 million from the victim on the date.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to certified copies of the register of land G in the north-Gu, certified copies of the register of land H in the north-Gu in the north-Gu in the port of one harbor, and to report an investigation (to hear statements by a complainant about

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] The reason for sentencing under Article 35 of the Criminal Act for aggravated repeated crimes [the scope of recommendations] In the case where the mitigation area (one month to one year), the mitigation area (a special mitigation (a special mitigation) [a person] the punishment is not granted, or considerable damage is recovered, / the age, sex, family relationship of the defendant as follows, and the defendant's age, sex, family relationship.

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