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(영문) 전주지방법원 군산지원 2019.08.07 2019고단280
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who operates Category B (D) real estate in the following cities:

On September 11, 2015, the Defendant issued an agreement stating the same content as the 23th day of the same month to the victim E (the Defendant) stating that “When investing KRW 120,000,000,000,000,000 is to purchase the F apartment G in the following city, the Defendant would pay the remainder of KRW 138,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000

However, the Defendant used most of the money received from the victim as debt repayment or stock investment, etc., and most of the purchase price of the above apartment house was the intention to pay the money for lease on a deposit basis by establishing a right to lease on a deposit basis for the apartment house, and accordingly, even if the apartment house was sold after the apartment house, it was used to return the above money for most of the money for lease on a deposit basis. Therefore, the Defendant did not have the intent and ability to pay 120 million won and 1/2

Nevertheless, the Defendant, as above, made a false statement to the victim, and thereby, acquired the total sum of KRW 120 million from the victim on September 11, 2015, and KRW 15 million on September 23, 2015, respectively, by defrauding 120 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against the defendant and E;

1. A complaint - A written agreement, and a certified copy of real estate register;

1. Application of Acts and subordinate statutes to report on investigation (report to listen to statements at an interview with antiquists);

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. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The recommended range of punishment according to the sentencing guidelines [the decision of type] shall be limited to fraud [the type 2], the amount of more than KRW 100 million, and less than KRW 500 million (the special person], and the recommended range of punishment shall be limited.

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