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(영문) 광주지방법원 2018.02.02 2017고단3922
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant would allow the victim D who was sold another commercial building of the above C in the mutual infinite-dong-dong-dong-dong-dong-si around October 23, 2014 while the defendant as a member of the management division of the shopping district-sale agency, in the course of performing the sales business of the Sucheon-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si to sell the commercial building at KRW 165,593,60,000, the half price of KRW 165,593,600,

“A false representation was made.”

However, even if the defendant receives the down payment from the injured party, it was intended to appropriate the contract deposit to the personal allowances of the defendant who did not receive from B of the dispute resolution company, instead of paying the down payment to the corporate account of the above dispute resolution company, so there was no intention or ability to use the contract deposit of the injured party as the down payment of commercial buildings to make the contract effective.

Nevertheless, as above, the defendant belongs to the victim and received 25 million won from the damaged person to the defendant's wife E's savings account (F) under the name of the sales price for commercial buildings, and deposited only 5 million won among them into the above corporate account as the contract deposit of the damaged person.

Accordingly, the Defendant, by deceiving the victim, acquired the victim's money of KRW 20 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (including the fact that there is no previous criminal record for the same type, the amount of fraud, and the fact that the victim is not punished, etc.);

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