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(영문) 대구지방법원 안동지원 2015.10.13 2015고단229
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around 13:00 on February 14, 2014, the Defendant made a false statement to the victim J who works as a real estate assistant at the I real estate office located at Ansan-si, Dongdong-si, Dong-si, stating that “The Defendant would seek a licensed real estate agent’s examination site and core issues from a person who knows a real estate agent’s examination site and core issues on August 2014 before the examination date, and allow him/her to pass the examination upon receipt of an application for a written request.”

However, even if the defendant received KRW 1.6 million under the name of the advance payment, the defendant did not have any intention or ability to seek a real estate agent examination site and core issues.

In the end, the Defendant deceiving the victim as above, and then acquired KRW 1 million from the victim to the account under the name of the Defendant (CF), and the remaining KRW 600,000,000 from the victim.

Summary of Evidence

1. Witness J or L respective testimony;

1. Application of Acts and subordinate statutes of the specifications of transactions of self-reliance deposits;

1. The Defendant asserts to the effect that the instant money was received as a loan related to landscaping business (one million won) or received as a cost to actually rescue the problem house (600,000 won) and that there was no criminal intent to acquire it by deception. The Defendant asserts to the effect that there was no criminal intent to acquire it.

However, according to each evidence, it can be acknowledged that the defendant was paid money from the victim by deceiving the defendant to the effect that he/she will pass an illegal licensed real estate agent examination problem as shown in the facts charged.

The L, which did not file a complaint, testified that he/she suffered the same damage. In addition, the loan certificate and agreement submitted by the defendant are merely prepared by the defendant in preparation for future problems and signed by the victim.

Defendant’s assertion is not accepted.

The reason for sentencing is that the defendant does not reflect the mistake and does not make any effort to recover from damage.

(2).

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