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(영문) 의정부지방법원 2013.06.14 2012고단3285
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant did not have the intention or ability to sell real estate owned by another person.

Nevertheless, on February 201, the Defendant made a false statement that he would sell a building owned by the victim C at an unspecified place.

On March 23, 2011, the Defendant received a total of KRW 21,60,000,000 from the victim under the pretext of a prior fee, and received a total of KRW 21,60,000 on 11 occasions as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A protocol concerning the suspect examination of the accused (including a cross-examination);

1. C Public prosecutor's office and police statement;

1. Application of each investigation report (to hear and report the D phone statement of a witness, and to hear and report the suspect's telephone statement);

1. A sentence of six-month imprisonment shall be imposed on a defendant within the scope of the sentencing guidelines (the basic area of type 1, the basic area of type 1, the imprisonment with prison labor from June to June), taking into account all circumstances, including the following: (a) the nature of the crime is not good in light of the relevant Article of the relevant criminal facts and Article 347(1) of the Criminal Act regarding the reasons for sentencing (the choice of imprisonment with prison labor), the total amount of damage is not specified; (b) the defendant’s attitude and agreement with the victim was not reached in the course of investigation; and (c) the victim wanted to be punished against the defendant.

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