(영문) 수원지방법원 안산지원 2016.02.25 2015고단3739

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 안산지원 2016.02.25 2015고단3739

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The defendant around February 12, 2009, at C real estate office located in the first floor of the Yeongdeungpo-gu Seoul Metropolitan Government B building, "B officetel of the B building has been rapidly sold to the victim D, and proceeds from the resale after purchasing down payment at the principal place.

“A false representation was made.”

However, the defendant did not intend to purchase an officetel even if he received money from the injured party as the down payment of the officetel sales contract, and did not have any intent or ability to return the money to the injured party.

The Defendant received KRW 25 million from the victim to the bank passbook in the name of the Defendant in the name of the head of the Bank in the name of the Defendant as the contract deposit for the sales of officetels, and received KRW 15 million around February 12, 2009, around the 19th of the same month, and received KRW 50 million in cash from the victim as the contract deposit for the sales of officetels at the above C real estate office around February 19, 2009, and received KRW 50 million in total from the victim as the contract deposit.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of the Acts and subordinate statutes that describe certificate of cash custody;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence of imprisonment is to be imposed on the defendant in consideration of the fact that the victim expressed his/her intention to cancel the complaint against the defendant at the investigative agency and the victim expressed his/her will to cancel the complaint against the defendant, and the defendant expressed his/her preference against the crime of this case. The defendant expressed his/her attitude against the crime of this case. The defendant expressed his/her attitude that it is against the crime of this case.

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제347조 제1항

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