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(영문) 청주지방법원 2016.07.06 2016고단268
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 20, 2009, the Defendant: (a) at a certified judicial scrivener office located in Jincheon-gun, Jincheon-gun, Jincheon-gun; (b) 27,967§³; (c) 284§³ prior to F; (d) 1,557§³ prior to G; and (e) 6,129§³; (b) the Defendant: (c) the Victim I owned the land of this clan and owned one-fourth share; and (d) the Defendant was delegated by all members of the Y to the sales contract.

On August 19, 2009, a sales contract was concluded on August 19, 2009 that received KRW 800 million from the injured party on the same day from the injured party.

However, in fact, although the above land has been owned by 1/4 shares in the name of the chairman, including the Defendant, in the name of the chairman, and the Defendant did not have obtained the approval or delegation of the sales contract from other holders.

Accordingly, the defendant deceivings the victim as above and obtained 300 million won from the victim as the down payment on the same day and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. A report on investigation (a relative investigation of a suspect's relative);

1. Investigation report (verification, etc. of the name of a clan);

1. Application of Acts and subordinate statutes governing a copy of a real estate transaction contract and entire registered matters;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommended punishment on the sentencing guidelines [the types of decisions] the basic area (one year to four years) of the sentencing guidelines (one hundred million won or more, or less, and less than five hundred million won) (no person subject to special sentencing];

2. The fact that the defendant's decision of sentencing reaches KRW 300 million by the crime of this case is disadvantageous to the defendant, that the defendant led to confession and reflects the crime of this case, and that there is no criminal record of suspension of execution or more.

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