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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On September 22, 2015, the Defendant was delegated with the authority to sell the right to sell the loan from the owner E in Daegu-gu Office B or C, but was notified on September 23, 2015 that the right to sell the loan was revoked again from the above E.
On September 30, 2015, at G office located in Daegu-gu, Daegu-gu, the Defendant presented a false statement to the effect that “The Defendant would sell the Do lending in lots because the Defendant was delegated by E, the owner of the right to sell the Do lending and all of the rights to sell the Do lending,” while presenting the power of delegation on the sale of the above Do lending from the victim H.
However, as seen above, the above E had cancelled the delegation to the Defendant for the sale of the above DD, so even if the Defendant entered into the sale contract with the victim of the above DD, it did not have the intent or ability to sell the DD loan to the victim.
On the same day, the Defendant entered into a sales contract with the victim No. 401 on the same day under the name of the victim, and received 30 million won from the victim to the bank account under the name of the J as the down payment on the same day.
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of H and E;
1. A H statement;
1. Application of Acts and subordinate statutes on sales contract, receipts, delegation, and real estate sales contract;
1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and Article 347(1) of the Criminal Act on the selection of punishment for a criminal defendant has led to the confession of a criminal act, and repaid to the victim KRW 10 million out of the amount acquired through deception (30 million).
However, even though the defendant has been punished several times for the same crime, it is not good that the crime of this case is committed again despite the fact that he has been sentenced to punishment.
In addition, 20 million won is not yet repaid out of the fraudulent money.
The circumstances and age of the defendant;