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(영문) 대구지방법원 경주지원 2012.07.09 2011고정193
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 30, 2011, the Defendant was sentenced to two years of suspension of execution on July 8, 201, for the crime of occupational embezzlement in the Daegu District Court Port Branch.

On June 22, 2009, in the process of concluding a sales contract with the victim E at the D Licensed Real Estate Agent Office located in Si-si on June 22, 2009, the Defendant made false statements to the effect that, “The victim may obtain a building permit upon request from the public official in charge of viewing the victim.” In addition to KRW 13 million which is 10% of the purchase price, plus KRW 7 million as the down payment, the Defendant made false statements to the effect that the public official in charge shall be responsible for the expenses to be paid to the public official in charge and the construction permit shall be granted.”

However, in fact, the above land was a place where the building permit cannot be obtained, and even if the defendant receives the down payment from the victim, he did not have the intention or ability to obtain the building permit in favor of the public official in charge.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim as the down payment on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses E in the fourth trial records;

1. E prosecutorial statement;

1. A farmland sales contract;

1. Previous convictions: Application of criminal records, written judgments, and output Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

The Institute of Jind Co., Ltd.

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