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(영문) 청주지방법원 영동지원 2013.04.18 2012고단289
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.

Reasons

Punishment of the crime

On December 28, 2009, the Defendant: (a) at the Yancheon-gun B restaurant; and (b) at the Yancheon-gun C and D, the fact was leased from the Korea Water Resources Corporation, and the Defendant did not have the right to lease the land; (c) however, the Defendant leased and cultivated the leased land from the Korea Water Resources Corporation to another person; (d) “The Victim C and D are leasing and cultivating the same from the Korea Water Resources Corporation to the victim.” (c) The sum of the above land and other land is KRW 19.5 million (the contractual amount of KRW 14 million, the remaining amount of KRW 5.5 million) and then acquired the money from the victim as the down payment date.”

The indictment for the correction of the facts charged is written as “19.5 million won (the contract deposit of KRW 14.5 million, the balance of KRW 5.5 million)” but the down payment “14.5 million” is deemed as a clerical error in the amount of KRW 14.5 million, and thus ex officio the indictment is modified.

Summary of Evidence

1. Statement of a defendant in the first protocol of trial;

1. The prosecutor's statement concerning the F;

1. Investigation and cooperation meetings, and the application of Acts and subordinate statutes governing submission of materials;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment under law] 10 years of imprisonment [the decision of a sentence] [the elements for mitigation of punishment below KRW 100 million] - The elements for mitigation of punishment not exceeding 100 million [the scope of recommendation] - imprisonment for not more than one year (the decision of a sentence] among general fraud [the decision of a sentence] was agreed with the victim (the decision of a sentence]. Considering the defendant's absence of criminal records of the same kind, the sentence shall be determined as the order and the execution of the sentence shall be suspended, and community service shall be ordered to be

It is so decided as per Disposition for the above reasons.

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