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(영문) 부산지방법원 2017.11.01 2016고단8490
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 17, 2016, the Defendant sold the F Multi-household Housing to the victim E at an authorized broker office located in Busan, Busan, Busan, to the purchase price of 650 million won. “If 365 million won is the down payment and the intermediate payment, 15 households of the above multi-household housing have been used for the purpose of returning the rent deposit of the above multi-household housing, and the lessee of the above multi-household housing has removed from the above 15 households until June 17, 2016, which is the outstanding payment date, and if 285 million won is paid, she will cancel the registration of the establishment of the multi-household housing by repaying the secured debt of the above multi-household housing and transfer the ownership thereof to the party.”

On March 17, 2016, the Defendant received a total of 365 million won, including transfer of KRW 150 million as part payment, in the name of intermediate payment, from the victim who believed it, as the down payment deposit account in the name of the Defendant, on March 17, 2016, KRW 150 million on March 28, 2016, and KRW 155 million on April 6, 2016.

However, at the time of fact, the Defendant was thought to use 365 million won, which was paid by the injured party, for the purpose of paying the existing debt rather than the refund of deposit for the above multi-household housing. Therefore, even if the injured party received the down payment and the intermediate payment from the injured party, the Defendant did not have the intention or ability to withdraw the tenants of the

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police in relation to G;

1. Application of Acts and subordinate statutes on a sales contract and a copy of passbook;

1. The relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, the reason [the scope of recommending punishment] for sentencing of imprisonment [the scope of recommending punishment] is against the basic area (1 to 4 years) (1 to 50 million won) of the type (1 to 4 years) (the person who is subject to special sentencing] (the decision of sentencing] (the decision of sentencing), the fact that there has been two times the history of having been sentenced to fines for the same kind of crime, and the fact that the injured person has registered the transfer of ownership of real estate for the purpose of sale.

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