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(영문) 수원지방법원 안양지원 2014.06.13 2013고단1455
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 28, 2007, the Defendants stated to the effect that, at the office of the E Licensed Real Estate Agent Office, Defendant A, working for the head of the office, the victim F, “The purchase price of 3 Dong Dong Dong Dong Dong 02 (hereinafter “the instant loan”) was 150 million won. The Defendants stated to the effect that F, excluding 40 million won for security deposit and 30 million won for agricultural loans, F, 40 million won for KRW 85 million for KRW 85 million, excluding 40 million for security deposit and 30 million for agricultural loans, A, 24 million for KRW 20 million for KRW 21 million, and 21 million for provisional registration,” the victim F, “the defect in the name of F.

However, in fact, when Defendant B’s Dong Jae purchased KRW 135 million on February 23, 2007, Defendant B’s purchase price of KRW 135 million, Defendant B made a so-called business contract with the seller and concluded that the purchase price was KRW 150 million, with the exception of KRW 45 million in real investment, and Defendant B did not separately invest, and Defendant B did not intend to purchase real estate only with the amount invested by the victim as it succeeded to KRW 20 million in agricultural loans. Defendant A did not have ordered the victim to make a provisional registration on the loan of this case.

As above, the Defendants conspired to induce the victim and received delivery of KRW 40 million from the victim.

Summary of Evidence

1. Legal statement of witness F;

1. Joint investment contract;

1. A detailed statement of passbook transactions;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. Relevant Articles and 347 (1) and 30 (Selection of Imprisonment) of the Criminal Act;

1. Article 62 (1) of the Criminal Act of the suspended execution;

1. Reasons for sentencing of Article 62-2(1) of the Social Service Order Act [the scope of recommendation] General Fraud (less than KRW 100,000) (6 to 100,000) and the basic area [6-1 year and 6 months] of the Social Service Order (no person who is a special person] [decision of sentence] and rather than reflect the crime and attack the victim’s personal liberty, Defendant A did not have criminal records, and Defendant A did not have criminal records.

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