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(영문) 서울중앙지방법원 2013.06.27 2013고단2306
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Around October 2011, the Defendant said that “The Defendant would develop the first place of a board in the vicinity of this area from the sloping Construction and build two main apartment complexes with the 43th floor level in the year 2013. In advance, the Defendant would receive at least one bond for the last 30 square meters apartment units or at least 100 million won from the first place of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a board of a KRW 25 million.”

However, in the field construction, there was no plan to develop the so-called "so-called" team in the above Seocho-gu Seoul Metropolitan Government, and the above site is not likely to receive compensation from the owner of Seoul Metropolitan Government. In addition, even if the defendant received the payment from the victims, he did not have the intention or ability to seek the so-called "so-called" team.

Nevertheless, around October 20, 201, the Defendant received KRW 25,500,000 from the victim E in the same manner, including that the Defendant received KRW 25,500,000 from the victim E as the sales price for the board-house, and received KRW 10,500,000 from the victim F, KRW 10,000 from the victim F, KRW 15,550,000 from the victim E on November 20, 201, KRW 15,50,000 from the victim G on November 28, 201, and KRW 12,000,000 from the victim G on February 2, 2012, including KRW 10,550,000 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of the police interrogation of the accused (including each part of the statement D, F, G, and E);

1. Statement of each police statement regarding D;

1. Investigation report (the telephone conversations of a witness H, I telephone conversations of a witness, J telephone conversations of a witness, and K telephone conversations of a witness);

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The sentencing guidelines are applied to the crimes on the grounds of sentencing under Article 62-2 of the Criminal Act of the community service order.

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