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(영문) 대전지방법원 천안지원 2018.08.30 2018고단1066
사기
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 208, 2008, the Defendant received the victim C's store located in Sungnam-si, Sungnam-si, Seoul Metropolitan City B 35 and 36, and each type D is located in the U.S. as the owner of the B shop 35 and 36, and requested the sale of the store instead of the store.

If there is an intention to purchase the store, 25 million won shall be paid, and the store shall be purchased.

However, in fact, the defendant was only entrusted with the management of the above store lease by D, and there was no request from D to sell the above store or there was no delegation of authority to sell the store.

Nevertheless, the defendant deceivings the victim as above, and he was paid KRW 15 million to the account in the name of the defendant on the 23th of the same month from the victim, and was delivered KRW 10 million in cash on the 25th of the same month.

Accordingly, the Defendant acquired 25 million won from the injured party as the purchase price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. E statements;

1. Investigation report (D and telephone communications);

1. Complaint;

1. Application of Acts and subordinate statutes on a real estate transaction contract, receipt, account transaction details, and application of such Acts and subordinate statutes;

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act under the suspended sentence are recognized and against the defendant, the agreement is reached with the victim, the primary offender, the defendant's age, sexual conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc. shall be comprehensively considered in determining the sentence as ordered.

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