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(영문) 부산지방법원 2019.05.30 2018고단3980
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is a representative B.

On October 21, 2015, the Defendant: (a) at the D Real Estate Brokerage Office located in Busan Metropolitan City, Busan Metropolitan City, the Defendant purchased the land located in F, G, and H, and then would have a big profit to the victim E, which would be three times more than three times more than three times more than three months after the sale. In other words, the Defendant would purchase another land and sell three times more than six billion won until October 2016; and (b) would give the victim an amount of KRW 3.5 billion out of the purchase of the land. It concluded that the Defendant would lend KRW 250 million to the victim.”

However, in fact, the defendant was in bad credit standing for a long time, and due to a large amount of personal debt, it was thought that part of the land purchase fund was paid to be used as a personal debt, and even if he received the above money from the victim, he did not have the intention or ability to return the amount of KRW 3.5 billion to the victim until October 2016.

As above, the Defendant, by deceiving the victim from the victim, acquired a total of KRW 250 million from 25 times via the I Account (J) in the name of B from October 21, 2015 to November 25, 2015, by transfer from the victim as land purchase fund.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Reduction factors according to the sentencing guidelines: The scope of recommendation [decision of types] according to the sentencing guidelines; general fraud [Type 2]; the amount of at least 100 million won; the amount of less than 500 million won (special person]; where victims are fully responsible for the occurrence of a crime or the expansion of damage (the scope of recommendation areas and recommendation types]; the reduction area; imprisonment from October to June;

2. Circumstances unfavorable to the decision of sentence: The above circumstances are that the defendant is against the law, such as the failure to recover damage, the suspension of the execution of imprisonment and the punishment of a fine due to fraud:

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