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(영문) 부산지방법원 2015.09.24 2013고단9611
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

The defendant is the actual representative of the FF corporation, who is a multi-household house with the scale of the D-2 floor and the scale of the 8th floor in Busan Dong-gu.

On April 18, 2012, the Defendant entered into a contract with the F Office located in the Busan BG Building 704, which sells the FGG Building 602 purchase price of 250 million won and the down payment of 90 million won to the victim C, and the Defendant did not notify the victim of such fact even though the Defendant planned to establish a collateral security right in the future loan.

As such, the Defendant, by deceiving the victim, received from the victim a copy of 50 million won check as down payment in the same place.

Summary of Evidence

1. A protocol concerning the examination of the accused by the prosecution (including the H and C substitute part);

1. Statement of the police statement regarding C;

1. A real estate sales contract;

1. A certificate of issuance of cashier's checks:

1. Application of statutes governing the register of real estate;

1. Article 347 (1) of the Criminal Act applicable to the crime;

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

1. The reason for sentencing under Article 32(1) and (2) of the Act on Special Cases Concerning the Dismissal, etc. of Application for Compensation Orders [Scope of Recommendation] In light of the following factors: (a) the mitigation area (one to one year) of types 1 (less than 100 million won) (one to one year) (special mitigation), the mitigation area (one to one year), the exemption of punishment, or the recovery of considerable damage (a decision of sentence] agreement with the victim, and most actual damage

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