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(영문) 수원지방법원 평택지원 2013.05.09 2012고단1414
사기
Text

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

Reasons

Punishment of the crime

On November 27, 2008, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution on December 5, 2008 by violating the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc. at the Suwon District Court's Sejong Housing Site.

On September 22, 2006, the Defendant made a false statement to the victim C, stating that “The Defendant would be able to purchase the land in the vicinity of the Pyeongtaek-si Military Base and purchase it at a level lower than the original market price.” The Defendant did not know about the investment of the money, and purchased the money in KRW 600 million, with the burden of KRW 30 million. First of all, the Defendant would change the amount of KRW 30 million as the down payment.”

However, even if the Defendant received 30 million won as down payment from the victim, he did not think that the Defendant would have used to purchase real estate in the vicinity of Pyeongtaek-si base as the victim, such as personal use of expenses to depart from the Republic of Korea as down payment and living expenses for the families of the Philippines, etc., and even if the Defendant did not purchase real estate, he did not intend to return 30 million won as down payment.

On September 22, 2006, the Defendant, by deceiving the victim, obtained 30,000 won in the name of the down payment from the Agricultural Cooperative (D) account in the name of the Defendant in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Part of C’s statement in the second protocol of interrogation of the defendant against the defendant

1. Statement to C by the police;

1. A certificate of confirmation;

1. Previous record: Application of the defendant's statutory statement and criminal records-related Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Although the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes are against the defendant's recognition of the crime, it is inevitable to sentence sentence in light of the fact that the damage recovery has not been properly made even though the defendant given adequate opportunity.

On the other hand, in determining the sentence against the defendant.

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