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(영문) 대구지방법원 2018.05.18 2018고단1168
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 26, 2017, the Defendant stated to the effect that “The Defendant shall sell and complete the land until April 2017, 2017, by selling it to the victim B, who is the land in the name of her mother, with a monthly rent of at least 70,000 square meters.” However, it is necessary to sell the land at the ordinary rate of KRW 5,000,000,000.”

However, in fact, the Defendant did not have any particular occupation at the time and did not have any profit since the Defendant was engaged in work in a daily occupation, and did not own the land in the name of her mother. Therefore, there was no monthly rent income, so even if he borrowed money from the injured party in terms of land survey expenses, there was no intention or ability to pay.

Nevertheless, the defendant deceivings the victim as above and, around 27th day of the next day, he acquired 5 million won from the defendant's account in the name of the defendant.

2. On April 2017, the Defendant stated to the effect that “The Defendant sold the land to the victim from the French land until the end of July,” and that “the Defendant borrowed money from the land to the full payment as sold.”

However, given that the mother did not own the land in the name of the mother as above, there was no intention or ability to repay money from the injured party even if he borrowed money.

Nevertheless, the defendant deceivings the victim as above and causes the same damage.

4. 25. Minority: 5 million won, and the same year.

6.6. Around June, 200, KRW 3 million was remitted to the Defendant’s account under the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes on the transaction of passbooks and Kakao Stockholm details;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that there is no land in the name of the mother of the defendant.

This case, such as deception, etc.

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