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(영문) 부산지방법원 동부지원 2015.06.18 2013고단3196
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 43,678,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On November 26, 2010, the Defendant was sentenced to six months of imprisonment and two years of suspended execution for fraud at the Busan District Court. The above judgment became final and conclusive on December 4, 2010.

On November 2006, the Defendant sent a telephone call to the victim B, who is a shot line between the front line and the rear line in Busan, the end of November 2006, and made a false statement to the effect that “The main complex building D is a new main complex building in Busan, Busan, Daegu, Daegu, and has been working in the sales agency office. It is possible to pay money if the apartment was sold in lots.”

However, in fact, the defendant did not have the intention or ability to resell the apartment with the money received from the victim.

The Defendant received KRW 15 million from the victim as the sale price on December 1, 2006 from the victim to the account under the name of the Defendant, as well as from that time, he received totaling KRW 43,678,000 from that time on seven occasions, such as the statement in the list of crimes, until December 8, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Previouss: Application of inquiry reports including criminal records, and criminal investigation reports (report on attachment of judgment on the same kind of case) statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 25 (1) and 31 of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution;

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