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(영문) 수원지방법원 평택지원 2018.11.09 2017고단2127
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On March 2013, the Defendant came to have the Defendant’s house located in Pyeongtaek-si C Apartment 203 504 dong 203 dong 504 on a mobile phone and came to access the Internet through a mobile phone, and then would allow the Defendant to get a final sale after the succession to the name of the said apartment.

The phrase “” was posted in writing, and thereafter, the victim E, who reported and contacted the foregoing article on the date of the end of March 2013, may receive a final sale after succession to the payment of the existing loan and the transfer of the balance.

“ ........”

However, in fact, the Defendant was at the time of the occurrence of bonds, and even if he was preparing for the settlement of debts and the preparation of living expenses, he did not have the intent or ability to allow the settlement after succession to the name of D, even if he received money from the injured party.

On April 10, 2013, the Defendant received KRW 2 million from the injured party as the down payment from April 10, 2013, from that time to February 29, 2016, a total of KRW 150 million, as shown in the list of crimes in the attached Form, from that time, from that time, the Defendant received KRW 2 million as the down payment.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning the statement of E in the second interrogation protocol against the defendant in the police;

1. Statement made by the police for E;

1. An investigation report (a) (a letter of credit transaction agreement and a detailed statement of deposit transaction);

1. Investigation report (the relative currency of the staff member in charge of succession to the C apartment);

1. Complaint;

1. Details of each transaction;

1. A written confirmation of transaction details;

1. A copy of bankbook;

1. A final agreement on parcelling-out;

1. Lease contract;

1. Application of Acts and subordinate statutes of written confirmation;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for imposing selective sentence of imprisonment [the scope of recommending punishment] General Fraud (one to four years) in the basic area (one to four years) of types (one hundred million won or more, or less, and less than five hundred million won) [no person subject to special sentencing] [decision of sentencing]] favorable circumstances: confession, reflectivity, and a person subject to a fine for violating the Guarantee of Automobile Compensation Compensation Act on October 10, 2016.

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