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(영문) 제주지방법원 2016.09.29 2016고단1312
사기
Text

A defendant shall be punished by imprisonment for six 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

1. On October 31, 2014, the Defendant’s fraud, on October 31, 2014, calls from the victim C to the victim C at a remote location on October 30, 2014, requires a rapid transfer of the amount of KRW 6 million out of the funds for operating the business.

It shall be paid in full with the money borrowed.

“A false statement was made to the effect that it was “.”

However, in fact, the defendant did not have any intention or ability to repay the real estate sales business and even if he borrowed money from the victim, he did not have any intention or ability to do so.

The Defendant received 6 million won from the damaged party through the post account of the Defendant on the following borrowing date.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 11, 2014, the Defendant: (a) posted a telephone call to the victim C at a closed site on November 201, 2014; and (b) sold the land to Chinese people until November 11, 2014; (c) as soon as possible the down payment to the owner of the land.

On the face of lending money, it is intended to sell high-income land and fully repay the money borrowed by the end of December 2014.

“A false representation was made.”

However, the defendant did not have a plan to purchase high-income land and did not have any intent or ability to repay the land even if he borrowed money from the injured party.

On November 11, 2014, the Defendant received KRW 12.7 million from the damaged party through the Defendant’s account as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of details of transactions in an account that is an accusation);

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The sentencing guidelines shall be recommended;

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