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(영문) 의정부지방법원 2016.08.11 2016고단2364
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2015, the Defendant, in the building B in the Seocho-si, Hanam-si, made a transaction with the victim C at a price lower than the market price for the election funds of the head of the Si/Hanam-si through the head of the office of the secretary in order to use the land as a good land owned by the Si/Hanam-si. The Defendant may be punished by profits from the market price when purchasing.

“A false representation was made.”

However, in fact, the land owned by the river was not turned out as a thing, and the defendant did not have the intention or ability to purchase the land owned by the river, even if he received the price from the injured party, because he thought that he would use the money from the injured party as a business fund of the defendant living together.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received the total amount of KRW 30 million from the victim on January 19, 2015; (c) KRW 5 million on February 6, 2015; and (d) KRW 1 million on February 12, 2015; and (c) received KRW 39 million on March 21, 2015, respectively, from the victim to transfer money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. Recording notes of the details of investigation into telephone communications of a complainant;

1. Deposit certificates, photographs prior to purchase sites, certificates of claims, certificates of debt repayment, stations in the text messages related to the deposit and withdrawal, investigation reports- statement of deposit and withdrawal transactions- statement of deposit and withdrawal transactions, investigation reports (tels) and investigation reports (tels) - Application of Acts and subordinate statutes to calculate the amount of damage;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] General Fraud [the person who has no basic area (from June to one year and six months) [the person who has a special sentencing] [the sentence] unfavorable circumstances: (a) the nature of the crime is insignificant in that the defendant acquired money by taking advantage of land purchase funds; (b) the damage amount is not significant; (c) the damage amount is not available from the injured party; and (d) the damage has not been recovered; and (d) the normal circumstances favorable to the fact that the crime of this case is led to confession and rebuttal.

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