(영문) 인천지방법원 2015.04.24 2014고단6848

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2015.04.24 2014고단6848

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant purchased 104 Dong-dong 1507, Nam-gu, Incheon, and completed the registration of ownership transfer under the name of the Defendant on October 15, 2010.

around October 4, 2010, the Defendant entered into a lease agreement with the victim G as stipulated by the F Licensed Real Estate Agent Office located in Nam-gu Incheon Metropolitan City as the deposit amount of KRW 85 million for the said apartment complex from October 15, 2010 to October 15, 2012. The fact is that: (a) the Defendant completed the registration of ownership transfer of the said apartment under the name of the Defendant on October 15, 2010; and (b) the registration of ownership transfer of the said apartment was scheduled to complete the registration of establishment of a neighboring maximum debt amount of KRW 134,40,000 for the said apartment under the name of the Nam-gu Agricultural Cooperative on the same day; and (c) even if the victim received the fixed date, the Defendant did not notify the victim of such fact notwithstanding the lack of the intent and ability to secure the prior preferential payment right.

According to the records in the written complaint filed by the victim, the defendant deceiving the victim as above, and the victim paid the down payment and the balance to the defendant. In light of the oral proceedings of this case, it is judged that the above recognition without any amendment to the indictment does not affect the exercise of the defendant's right to defense. Thus, it is corrected ex officio without following the amendment to the indictment.

On October 4, 2010, KRW 10 million as down payment, and KRW 75 million as the remainder on October 15, 2010, and received KRW 85 million as security deposit.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to certificates of mutual aid and certificates;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. The scope of the recommended sentence on the sentencing guidelines [the scope of the recommended sentence] general fraud (less than KRW 100 million) shall be the aggravated area (one year to two years).

참조조문

-형법 제347조 제1항

유사 판례

-인천지방법원 2015.08.13 2015노1626

-수원지방법원안산지원 2015.06.17 2014가단116783

-인천지방법원 2015.10.14 2014가단46630

-서울남부지방법원 2014.08.12 2013가합18708

-제주지방법원 2015.04.10 2014가단2821