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(영문) 의정부지방법원 2017.10.26 2017고단2841
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 2, 2014, the Defendant, in a restaurant near the Southern-si, Yang-si, Yang-si, in order to purchase real estate in the Yang-si area, must buy money to the victims B, who want to purchase real estate in both-ju areas, as the Defendant cannot purchase the house or land in both-ju areas.

In order to purchase a lawsuit at a container and sell it at a container, and make an investment in the design lawsuit that reduces the difference as a profit.

“A false statement” was made.

However, even if the defendant received money from a person suffering from a large amount of damage such as bonds, he/she was merely intended to make personal consumption, such as repayment of the defendant's obligation or living expenses, and had no intent or ability to pay the proceeds to the victim by purchasing the lawsuit.

The Defendant, on February 14, 2014, obtained from the injured party the sum of KRW 10 million around February 14, 2014, KRW 10 million around March 3, 2014, KRW 4 million around March 26, 2014, KRW 10 million around June 3, 2014, KRW 20 million around July 1, 2014, KRW 10 million around November 11, 2014, KRW 20 million around December 24, 2014, KRW 20 million around March 17, 2015, and KRW 4 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. A detailed statement of deposit transactions, a copy of passbook, a detailed statement of passbook transactions, and personal financial transactions;

1. Written inquiries about the transaction ledger by own check number, requests for financial transaction information, replys, and circulars;

1. Application of Acts and subordinate statutes to withdrawal of complaints;

1. Article 347 (1) of the Criminal Act, and the choice of imprisonment, inclusive, with prison labor under Article 347 of the Criminal Act and the choice of applicable laws and punishment for the crime

1. The sentencing criteria for the sentencing of Article 62(1) of the Criminal Act on the grounds of the suspended sentence [types] general fraud [the sentencing criteria for the sentencing of the O fraud crime] / [the person subject to special sentencing] mitigated elements: The mitigated elements of punishment (the victim withdraws his/her complaint by mutual consent with the victim) / [the person subject to general sentencing] mitigated elements: The strong reflect [the scope of the recommended sentence] mitigated area: October - June - June 2, 199 [the criteria for the suspended sentence ofO in June 2] [the main reasons] who was not punished [the general reasons], and the health status of the defendant.

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