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(영문) 광주지방법원 2017.02.09 2016고단4001
사기
Text

Of the facts charged in this case, the fraud by fraud of 20 million won on February 2, 2015 shall be acquitted. The defendant shall be punished by imprisonment for five months.

Reasons

Punishment of the crime

On April 29, 2015, the Defendant, at the E office operated by the victim D, located in the Namyang-gun, Namyang-gun, around April 29, 2015, concluded a contract with the said victim for the said victim’s two apartment bonds at Sejong-si, but did not pay any balance.

If the loan is paid by paying the balance of money and transferring the registration, it can be fully paid 150 million won with the deposit money of the deposit money of the market price at the Sejong City at the time of the Sejong City at the time of the Sejong City, and only one month can be paid with the money of the lease.

“False speech was made to the effect that it was “.”

However, the Defendant entered into a contract with one (2) apartment bonds in the name of the Defendant’s father F, and on May 25, 2015, the payment date of the intermediate payment was not the remainder payment date, but the intermediate payment payment date was written on the date of the designation of occupancy in the contract, and there was no intention or ability to pay the remainder within the agreed month even if the Defendant borrowed money from the injured party.

Nevertheless, the Defendant, as seen above, received 150 million won from the injured party on April 30, 2015 to the Agricultural Cooperative Account under the name of the Defendant’s name on April 30, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A protocol concerning the examination of suspect to a public prosecutor and the accused by the police (including substitute parts);

1. Statement protocol with respect to D by the police;

1. Application of Acts and subordinate statutes governing the filing of a complaint, loan certificate, deposit and withdrawal of passbook, statement of transaction by account, screen of text messages, contract, inquiry of transaction details, written estimate, and credit transaction statement;

1. The reason for sentencing under Article 347 (1) of the Criminal Code of the pertinent Article on criminal facts / [the scope of recommendations] The part not guilty where the victim is fully responsible for the occurrence of a crime or the expansion of damage where the victim committed a deceitful act in the area of special mitigation (from May to February 6) (the special mitigation factor) [the special mitigation factor], or where the degree of the deceptive act is weak;

1. Summary of the facts charged

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