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(영문) 대구지방법원 서부지원 2015.10.30 2015고단1276
사기
Text

A defendant shall be punished by imprisonment for one year.

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 July 2013, the Defendant, at the home of the Defendant located in the elderly group B around the end of the elderly group, told D, by telephone, that “I want to sell a farmer’s house in front of the house” to the victim D, who is the friendship of the Defendant’s living woman C, who is the natives of the Defendant’s living together with the Defendant. On the ground being developed within the inside, the land will be developed as a short-termr, and there will be a value added later. Accordingly, the wife would be off this land. There is no need to pay money in lump sum, and it will be a full-scale laver as the said money arises.”

However, in fact, the defendant received money from the victim and thought that he will use it for the mushroom cultivation project, which is a business that the defendant personally promoted, so even if he received money from the victim, he did not have the intent or ability to purchase the above land.

Nevertheless, the defendant deceiving the victim and deceiving him as such, and around September 13, 2013, the defendant 10 million won as contract deposit from the victim, and the same year.

9.27 27 16 million won as part payments, and the same year;

9. 30.30.0 million won as part payments, and 10 million won as part payments in the middle of October of the same year, and 3.6.1 million won as part payments, such as 3.6.1 million won under the pretext of registration fees, was remitted.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Relationship with victims and points agreed upon, etc.);

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