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(영문) 대구지방법원 경주지원 2015.07.08 2015고단87
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 16, 2014, the Defendant stated that “The Defendant would seek for a book that can pass a white pro quo test for licensed real estate agents” to the victim E, who is the cause of support for the real estate office in the D real estate office located in P real estate office located in P.S., P., P.C., the book value is 1.2 million won, and 300,000 won is the down payment

In addition, around June 23, 2014, the Defendant made a false statement at the above place, stating that “The liability promptly arrives, thereby changing the balance of KRW 900,000.”

However, even if the defendant receives money from the victim, the defendant did not have an intention or ability to seek the issue of licensed real estate agent examination.

Ultimately, around June 16, 2014, the Defendant, by deceiving the victim as above, received KRW 300,000 from the said D Real Estate Office as the down payment, and received KRW 900,000 from the said D Real Estate Office as the remainder payment, and received KRW 1.2 million in total, from the said D Real Estate Office as the remainder payment around June 23, 2014.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to a criminal complaint, a copy of a loan certificate, an agreement on loan, a letter, a medical certificate for working ability evaluation, an investigation report (related to investigation into the nature of a suspect), an investigation report (related to investigation into the identity of a suspect), an investigation report (limited to the statement of a suspect), and an investigation report (limited to the cases

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the scope of recommending sentence) of the suspended sentence, the basic area (6 months to June 16) of the types of general fraud (the amount less than KRW 100 million); and

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