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(영문) 전주지방법원 군산지원 2014.09.24 2014고단399
사기
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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was known to the victim C and neighbors.

On September 12, 2008, the Defendant purchased the land in the vicinity of the victim's house located in the Si of Gunsan-si around November 2, 2007, with the victim's joint purchase of the land in question. The seller demanded KRW 278,300,000,000 from the sale price at the time of filing a land transaction report, but the seller decided to report the sale price at KRW 253,00,000,000,000, which is a half of the sale price, to purchase the land and register it in the name of the party.

However, in fact, since the purchase and sale price of the above land was KRW 253 million, the amount that the victim should actually give to the defendant was KRW 12,65 million.

The Defendant received 30 million won from the victim to the account in the F’s name on the same day, and 110 million won from the account in the name of the Defendant (850,000 won among them).

Accordingly, the Defendant, by deceiving the victim, received a delivery of KRW 12.65 million, which is the difference between the amount requested by the Defendant (139.150 million) and the amount to be borne by the victim (12.65 million).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Each police statement concerning C and F;

1. A copy of a comprehensive slips, a copy of passbook transaction details, a copy of all the registered matters, and the application of statutes on real estate sales contracts;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., the fact that the amount of damage is relatively small, the decision to recommend reconciliation in the civil procedure is confirmed and expected to recover most of the damage, and the fact that the defendant is the

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