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(영문) 서울서부지방법원 2014.02.18 2013고단2286
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On November 2006, the Defendant stated that “The victim E (the age of 57) purchased the land of the orchard owned by the F in Seopopo City F in Jeju and H in G respectively from the Defendant’s office located in Mapo-gu Seoul (the age of 57) around November 2006, the Defendant purchased the land of the orchard owned by 1/2. The purchase price is KRW 270 million, and the half of which is KRW 135 million.”

However, in fact, since the purchase price of the above land determined between the land seller and the land seller is KRW 180 million, the amount to be borne by the victim was KRW 90 million.

As above, the Defendant made a false statement on the purchase price of land to the victim, and received KRW 100 million from the victim on December 14, 2006, under the name of the purchase price, including five million won, such as registration fees, through the Defendant’s account, and received KRW 40 million on or around the 22th day of the same month.

As a result, the Defendant made a false statement on the purchase price of the land jointly purchased by the victim, and received 45 million won from the victim in addition, and acquired it by fraud.

Summary of Evidence

1. Legal statement of witness E;

1. Protocol of examination of the witness to H of this court;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant deposited 45 million won and the fact that there is no record of the same kind or serious crime) in the suspension of execution;

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