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(영문) 대전지방법원 2014.01.17 2013고단2853
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 50 million won to each applicant for compensation.

This order shall be issued.

Reasons

Punishment of the crime

On February 7, 2012, the Defendant purchased 205 through 221 and 327 rooms to the victim CD, and made a false statement to the effect that “a rental deposit shall be KRW 1 billion, and once, KRW 100 million shall be changed.”

In fact, the real estate under the name of the defendant or her husband was already established by the right to collateral security, and there was no particular value of the property, and the cash held by the defendant was not sufficient. Although 18 houses were intended to obtain a loan from financial institutions as collateral, it was difficult to prepare the sales contract amount, there was a situation where it was unclear whether the loan can be received, so there was no intention or ability to purchase and lease 18 houses as agreed to the victims.

As such, the Defendant, by deceiving the victims as such, received a total of KRW 100,000,000 from the victims each as a provisional contract deposit.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of each of the statutory statements made by the witness CFG;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crimes. Article 347 (Selection of Imprisonment or Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. An applicant for compensation: Articles 25 (1) and 31 (2) of the Act on Special Cases concerning Promotion, etc. of Various Lawsuits;

1. In cases of applicants for compensation who have been sentenced to provisional execution: The grounds for sentencing under Article 31(3) of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings [Scope of Recommendation] The grounds for sentencing of Article 31(3) of the Act on Special Cases concerning Promotion, etc. of Legal Proceedings [the scope of Recommendation] Fraudulent Crime Group, General Fraud (Type 2), Basic Area, one year or four years of imprisonment [the first step increase as a result of adding up the concurrent crimes of the same type] Imprisonment for 8 months to 4 years [the decision of sentence] imprisonment for 1 year, no damage has been restored, the victims' intention for punishment, situations after crimes of which social relationship

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