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(영문) 대구지방법원 포항지원 2017.12.21 2017고단1369
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

When the Defendant recruited a person who will subscribe to the housing complex of the remaining old-gun D, which was being developed by the company B from C running a corporation B, the Defendant would be paid KRW 2 million per case.

On April 2015, the Defendant: (a) at the office of the Busan B Co., Ltd., Ltd. in the Seocho-gu, Busan, the Defendant: (b) “In order to enable urban residents to return to return to farming or return to farming or return to farming or fishing, the Defendant was running a house in the Gu-do, Jeonnam-do; and (c) on April 2015, the Defendant was fully authorized to construct a house in the area of KRW 10 million

One loan and one loan for growing mushroom operated by automatic system.

The phrase “ makes a false statement.”

However, the facts were that the corporation B did not obtain the necessary authorization and permission required for the construction of the electric source housing complex in the above site, and whether or not to obtain the necessary authorization and permission, and it was thought that some of the money will be used for the repayment of the personal debt.

The Defendant, from the damaged person, to whom the contract deposit, etc. for the sale of an electric power resource house was paid, the amount of KRW 6 million on April 21, 2015, and the same year.

4. 27.1 million won, and the same year.

5.21.1 million won, per year;

6. On 30.3 million won, a total of KRW 20 million was remitted to the Agricultural Cooperative Account (G) in the name of the Defendant and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. A criminal investigation report (verification of details of remittance of the amount of damage);

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] There is no basic area (six months to one year and six months) of the first type (less than KRW 100 million) [the person subject to special sentencing] [the decision of sentence] that the defendant repents his mistake, there are circumstances that may be taken into account the circumstances leading to the crime, the defendant does not have any particular criminal conviction other than a fine once, and the degree of damage to the victim.

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