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(영문) 대전지방법원 천안지원 2013.09.12 2013고단909
사기등
Text

A defendant shall be punished by imprisonment for not more than ten 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

Defendant,

1. Around April 8, 2004, at D office located in Ansan-si, the victim F’s agent requested to purchase the 8,000 square meters of H 8,00 square meters of H 8,00 square meters of H 8,000 square meters and received 200,000 million won for the purchase and sale of the above land, despite the fact that the sale and purchase of the above land was nonexistent, the above G at that time stated to the effect that “I would purchase the I land in lieu of H land because I was delegated by the owner of the land outside five parcels of land, and thus I would purchase the I land in lieu of H land.” At that time, I embezzled the I land for personal debt repayment, etc.

2. In fact, the above Asan City did not have been delegated with the authority to sell the land by the J, the owner of the above I and five parcels, and there was no effort to sell the land, and even though there was no intention or ability to sell the land to the victim K, on April 9, 2004, the victim K, who was aware of in the above real estate office, was delegated with the authority to sell the land from the owner of the land outside I and the five parcels of land. Accordingly, the victim acquired the above land from the victim as the purchase price.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement concerning L, F, K, and G;

1. Application of Acts and subordinate statutes to a report on investigation (a counter investigation by the LandJ / reference M), a copy of a real estate sales contract (Evidence No. 33), a certified copy of a certified copy of a loan certificate (Evidence No. 35), and a certified copy of

1. Relevant Article 355(1) of the Criminal Act (the point of embezzlement at the time of sale), Article 347(1) of the Criminal Act (the point of fraud at the time of sale), and the choice of imprisonment with prison labor for each crime;

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

1. Article 62(1) of the Criminal Act of the suspended execution is all committed by the defendant, and voluntarily surrenders to the investigation agency.

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