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(영문) 청주지방법원 2016.06.16 2016고단696
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around July 3, 2008, the Defendant: “D” in the “D’s operation of the Victim C located in Cheongju-si, a main apartment, adjacent to the Cheongju-dong Agricultural and Fishery Products Market in Young-gu, Young-gu, Chungcheongnam-gu; and (b) is expected to be redeveloped; (c) the relevant “Dob-gu” is based on 50,50,000 square meters; and (d) KRW 2 times if sold after eight months.

Around 2 times the Republic of Korea said that the Republic of Korea is responsible for receiving the profits of two times and would sell them.

However, the above main apartment was not determined to redevelopment, and there was no real entity of the so-called so-called "band-beb area", and even if the so-called "band-beb area" or the so-called "band-beb area was purchased, it was not possible to make profits more than twice in the short term, so the Defendant would receive money from the injured party.

Even if the redevelopment apartment was purchased with the right to sell the apartment, there was no intention or ability to increase the profit of 2 times within 8 months.

In such a situation, the Defendant: (a) by deceiving the victim; and (b) received each delivery of KRW 49.5 million on the same day as the purchase price for the right to sell in lots from the victim; and (c) one million won on July 5, 2008 from the victim.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution (including the C statement);

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the details of transfers and transfers, payment notes, process deeds, and borrowed money instruments;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of sentencing under Article 62-2 of the Social Service Order Criminal Act and the result thereof, the details of the crime, the method of the crime, the scale of the profits acquired by deception, the number of criminal records (including suspended execution), the number of criminal records of the same kind, the smooth agreement with the victim, and the reflectivity, etc., shall be taken into consideration equally into account the sentencing conditions of the Supreme Court sentencing committee's sentencing guidelines, and the range of the recommended sentence under the sentencing guidelines for the crime of fraud in general.

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