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(영문) 인천지방법원 부천지원 2015.11.27 2015고단2696
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 2010, the Defendant made a false statement to the victim B, “In the vicinity of the Hyundai Macheon apartment located in the Cheongcheon-gu, Suwon-si, Suwon-si, the Defendant sold the Simpo ground, and returned the profits therefrom to the Gumcheon-gu.”

However, even if the Defendant received money from the victim, he did not have the intent or ability to purchase the land with the money and deliver the proceeds from the sale to the victim, and was urged to repay the money borrowed from the majority in the absence of any special import.

The Defendant received from the victim the sum of KRW 10 million around July 14, 2010, KRW 40 million around August 4, 2010, KRW 30 million around August 17, 2010, and KRW 80 million around August 17, 2010.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused (including B/S);

1. Protocol of the police statement concerning B;

1. A complaint;

1. Details of account transactions;

1. Application of Acts and subordinate statutes to investigation reports (data submitted related to a suspect, No. 11);

1. The relevant provision of criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] general frauds and no basic area (6 to 100 million won) (6 to 1 year and 6 months) (a person with a special punishment] (a decision of sentence sentencing] shall be rendered in full view of all the grounds for sentencing as set forth below.

- Unfavorable circumstances: the fact that the amount of damage cannot be deemed as 80 million won; the damage recovery is not properly performed; the fact that the victim wants punishment for the defendant; the fact that the victim is willing to commit a crime in favor of him; the fact that the crime is led to confession and the fact that it appears to be against him; Other conditions of sentencing prescribed in Article 51

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