(영문) 대전지방법원 2013.03.27 2012고단3446

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자간(%)

(영문) 대전지방법원 2013.03.27 2012고단3446

사기

Text

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

Reasons

Punishment of the crime

Around August 10, 2011, the Defendant made a false statement that “D” located on the first floor of the Daejeon Seodong-gu Daejeon building C, and that “The Defendant would allow a female living together to get leased apartments to the Seoul F Resource Development Area. It is well known that the auditor of the above redevelopment association, and the G directors of the association are well aware of. (b) The value of the bareboat-gu 1st 24th 1st 20 million won, i.e., KRW 15 million, via G directors, is KRW 20 million.”

However, even if the above money is received from the victim, the defendant did not have the intention or ability to allow the purchase of the leased apartment.

As such, the Defendant deceiving the victim and stated the victim as 11,00,000 won on the same day, 5,00,000,000 won on October 24 of the same year, 11 of the same year, 4,000,000 won on November 9, 19 of the same year, 15,00,000 won on December 15, 15 of the same year, and 10,000,000 won on December 16, 200 of the same year, and on February 29, 2012, the indictment was written as 'the indictment was written on February 29, 2012', but is written as 'the indictment was written on February 29, 2012.'

(Evidence Records 10 pages). 2,500,000 won in total were remitted and acquired by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The punishment against the defendant shall be determined as the disposition of the sentence, taking into consideration the fact that he/she obtains money from the victim by taking advantage of personal trust relationship, such as a woman living together with the reason for sentencing selective punishment, the fact that the criminal defendant has several previous parts of the criminal defendant, and the amount of fraud has not been restored

참조조문

-형법 제347조 제1항

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