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(영문) 수원지방법원 2018.04.05 2017고단213
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant: (a) at the housing site located in Seogu-gu, Daegu-gu; (b) the victim D was entitled to purchase KRW 2,450,000,000, commercial buildings unsold in lots, “F, in Pakistan-si; and (c) the down payment is KRW 250,000,000,000,000,000,000,000,0

Around March 2016, “Around March 2016, the victim referred to as “the cost of carrying out the business and the cost of appraising the work to proceed with the sales contract.”

However, in fact, the trading price of the F Commercial Building was 4 billion won, and even if the defendant wants to use the money received from the injured party for his personal purpose, he did not have any intention or ability to allow the injured party to purchase the F Commercial Building even if he received money from the injured party.

In the indictment on April 20, 2016, the defendant deceivings the victim as above, and is clearly written in writing 5 million won from the victim who was under his/her control on March 2, 2016, 200 million won as the expense for appraisal work on March 31, 2016, and 20 million won as the expense for appraisal work on April 20, 2016, but it is obvious that the written indictment was written in writing " April 24, 2016," but it is obvious that it was written in writing " April 20, 2016."

On April 25, 2016, 3 million won and 15 million won were transferred to the agricultural bank account in the name of the defendant respectively for the purpose of appraisal work, and acquired 43 million won in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to G and H;

1. A complaint filed by G and H;

1. A report on investigation;

1. A detailed statement of the lot for sale in the Franju F shop, a statement of the lot (investment real estate), the sale price list for the lot, and an appraisal list for commercial buildings;

1. Details of financial account transactions and the application of the statutes on financial transaction statement submitted by suspects;

1. The applicable legal provisions for criminal facts, Article 347(1) of the Criminal Act for the selection of punishment, the grounds for sentencing of punishment [the scope of recommendation] [the scope of recommendation] under the basic area (from June to January, 16) (no person subject to special sentencing] and the scope of comparison of recommended punishment: Six months to one year and six months [the sentence]. The defendant is a defendant.

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