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(영문) 창원지방법원 2017.06.14 2017고단169
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

The defendant is a member of the E church who works for the husband of the victim C as a pastor in Kimhae-si.

On June 7, 2011, the Defendant, with the knowledge that one parent, intended to purchase land in order to prepare a living space for the regular students, stated that the victim is conducting an auction of real estate in the name of “F,” and said that the victim’s “on June 7, 2011, there was a good auction object present at the victim within the above church.” On the other hand, the Defendant made a false statement to the effect that “on June 7, 2011, there was a good auction object, but at the same time, there was a difference between 10 million won and 10 million won as a check,” with the knowledge that the victim’s parents want to purchase land in order to raise a living space for the students.

However, even if the defendant received money from the injured party, he thought that he would use the money in-house Baduk, etc., and did not have the intent or ability to purchase the land that the victim wants through auction.

Nevertheless, the defendant deceiving the victim and received 10 million won as a check before the victim on June 7, 201 from the victim on his own, around July 5, 2011, and 5 million won as a check before the victim on his own, around July 25, 2011; 15 million won as a check before the victim on his own, around July 25, 201; and 50 million won as a check before the victim on August 29, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. A person whose sentencing under Article 62(1) of the Act on the Suspension of Execution is less than KRW 1100 million as the base for the reduction of the types of punishment: A sentence of recommending the reduction of punishment for a period between January and June 1 to June 2: A sentence of recommending the reduction of punishment for a period of one year and June 1 to June: A sentence of sentencing for a period of one year and June 1: A sentence of aggravated factors (use of personal confidence): Imprisonment with prison labor for a period of one year and six months: A sentence of imprisonment for a period of one year and suspension of execution for a period of two years: A significant amount of fraud (80 million won), cumulative records of punishment for a period of two years: A confession, victim's failure to punish, etc.;

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