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(영문) 인천지방법원 2016.07.15 2015고단8052
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The Defendant is the victim D, E, F, G, and H (hereinafter referred to as “victim”).

And it is between the network I and the network I.

On April 201, the defendant purchased land together with the victims of the above victims, and constructed a penture after the old, thereby leaving the procedures such as shoter, purchase of land, and construction of a penture.

“The victims agreed to the proposal.”

On May 201, the Defendant made contact to the victims and told that “The amount of KRW 7,536 square meters of the land located in the J of Incheon Cheongjin-gun, Incheon, was purchased in KRW 20,50,000, and the amount of KRW 31,50,000 corresponding to the total amount of KRW 1/7 of the land price was changed as the individual land price.”

However, the defendant only purchased the above land in the total amount of KRW 130,000,000 from K as the former owner.

Ultimately, the Defendant, by deceiving the victims as above, acquired KRW 27,50,000, which is the difference between KRW 157,500,000 and the actual purchase price of KRW 130,00,00,000, and exempted the payment of KRW 18,570,000 corresponding to the above land shares, thereby becoming a joint owner (the registration of shares in the name of L), and acquired pecuniary benefits (the Defendant’s wife’s wife) by deceiving the victims five times in total until around June 7, 2013, as shown in the list of crimes in the attached Table, and acquired money of KRW 61,601,380,00.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D, K, and E;

1. A complaint;

1. Application of Acts and subordinate statutes, such as a certificate of all matters to be registered, a detailed statement of transaction by account, a copy of passbook, etc., a certificate of deposit without passbook, a real estate transaction contract, a standard return on capital gains tax, a voluntary

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order [the scope of recommended punishment] general fraud.

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