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(영문) 울산지방법원 2018.06.28 2017고단3921
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is an infinite and has come to know with the victim D.

On November 17, 2015, the Defendant: (a) on November 17, 2015, at the F-do wife in Yangyang-si, Chungcheongnam-si; and (b) means that the Defendant “in the Republic of Korea.”

Foreign and power is inserted together with Ethical and Ethicals.

88 133 1441

“A false statement was made to the effect that it was “.”

However, the defendant did not have the intention or ability to live together with the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received KRW 50,00,000 from the victim on November 18, 2015 as the living together; and (c) received KRW 130,000,000 in total as the purchase cost of apartment houses for living together on February 15, 2016, under the name of the Defendant’s agricultural bank account in the name of the Defendant; and (d) received KRW 180,00,000,000 from the victim to the agricultural bank account in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness D;

1. Inquiries about certificates of details of transactions by member trading account and details of transactions;

1. Details of Kakao Stockholm dialogue;

1. A certificate of full registration (related to No. 106, No. 1401, No. 1401, applicable to H apartment) among documents attached to a defense counsel’

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

1. In light of the method and content of the punishment of this case on the grounds of sentencing under Article 62(1) of the Criminal Act, it is not good for the crime to be committed, and there is a lack of sufficient extent to reverse the statement since the investigation stage of the defendant to the above court and deny the crime. However, the court below determined the same punishment as the order by taking account of the following factors: the defendant's age, occupation, sex, family relation, living environment, circumstances leading to the crime, etc., and the conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relation, living environment, circumstance leading to the crime, etc.

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