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(영문) 울산지방법원 2019.05.09 2018고단3501
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant is the representative of apartment sale agent B, and is the representative of apartment sale agent C.

On December 2, 2016, the Defendant issued to the victim E (the 58 years of age) at the B apartment sales office located in Ulsan-gu, Ulsan-gu, Daejeon-gu, that "in the case of the shopping mall, there is a difference in the sale price by each floor, and in the case of the shopping mall, the sales price would be paid. There are several shopping malls in the above apartment, and the shopping mall will be sold in lots. The sales price in cash will be KRW 9,300,000,000,000,000 won in the face of KRW 9,30,000,000 in cash."

However, the above apartment house has no other royalty floor, and the sales price of not less than four stories was the same as 310 million won in all.

On December 28, 2017, at around 17:00 on December 28, 2017, the Defendant, by deceiving the victim as such, received cash KRW 10 million from the above B apartment sales office in the name of sales of the waterway.

Summary of Evidence

1. Legal statement of witness E;

1. Part of the statement of E in the suspect examination protocol against the accused;

1. Each police statement concerning E and F;

1. Details of deposit transactions;

1. Compactation of suspect's records (related to be remodeled in Vietnam);

1. A copy of a name box;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Grounds for sentencing choice of imprisonment with prison labor, Article 347(1) of the Criminal Act applicable to the relevant criminal facts;

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

2. The scope of recommendation [decision of types] according to the sentencing guidelines and there is no person who is less than KRW 100 million [the category 1] (the scope of recommendation field and recommendation range] and the basic area of recommendation [the scope of recommendation field and recommendation range], six months to one year and six months.

3. Determination of sentence: Determination by taking into account the size of fraud and the fact that damage has not been restored;

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