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(영문) 의정부지방법원 2013.04.02 2012고단1640
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person operating the Daejeon Seo-gu B real estate, who was employed as an employee in the B real estate. On February 16, 2005, the defendant conspiredd with C and jointly conspired with C, which was employed as an employee in the B real estate office around February 16, 2005, and did not have been promised from the president of the executor company who sold the E apartment, to receive the right of sale in the form of the royalty 45 square meters from the president of the company who sold the E apartment. In addition, even though the victim did not have the right of sale in the above apartment floor and did not have the intent or ability to sell it, the defendant was promised to receive the right of sale in the form of 45 square meters from the company president who bought the G apartment in the form of the E apartment house in the name of the victim's right of sale in the name of the third party (the No. 35 million won in the name of the agricultural bank).

Summary of Evidence

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Some statements concerning C in the police suspect examination protocol;

1. Statement by the prosecution concerning D;

1. Application of the Acts and subordinate statutes on a copy of the details of transactions in the passbook, a copy of cash storage certificate, and a detailed statement of free savings;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The scope of the final sentence that is recommended by the sentencing guidelines from January to June of the year in accordance with Article 62(1) of the Criminal Act: The scope of the sentence imposed on the grounds of the suspended sentence under Article 62(1) of the Criminal Act; the scope of the final sentence recommended by the sentencing guidelines from June to June of the year: [the type of crime] the type of less than KRW 100,000 of the general fraud criteria among the fraud group [the scope of the recommended sentence] shall not be [the scope of punishment] the basic area (from June to June of the year), the general increased and mitigated factors under the sentencing guidelines (the general increased and mitigated factors under the sentencing guidelines): Whether the suspended sentence is recommended [the main reasons for the recommendation].

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