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(영문) 대구지방법원 안동지원 2021.03.23 2020고단576
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 4, 2018, the Defendant would purchase approximately 500 square meters of land E and F2 at the time of Ansan-si, the Defendant would purchase the down payment at the C Brokerage Office located in Ansan-si B, 2018.

“.......”

However, in fact, the above land requires the consent of the other inheritors due to the inheritance share, the difference of the heir, who is the sponsor, making it impossible to transfer and sell the ownership due to the difference of the heir, and the defendant thought to consume the down payment individually even after receiving the down payment, so the defendant did not have the intention or ability to purchase the above land even if he receives

As such, on June 4, 2018, the Defendant: (a) by deceiving the victim; (b) transferred KRW 8 million from the victim to the Agricultural Cooperative (G) account under the name of the Defendant as the down payment; and (c) received KRW 2 million in cash on the pretext of the introduction fee on June 26, 2018.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. The police’s statement protocol on the Defendant’s legal statement D, - the receipt of a loan, - a detailed statement of deposit transaction - a land ledger, - a copy of a suspect’s name card, - a full certificate of the matters to be registered, - a written confirmation of the land use plan (Attachment of a document of deposit transaction) - A detailed statement of deposit transaction and an investigation report (to

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. According to the reasoning of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into account the following circumstances: (a) the Defendant’s age, sexual conduct, environment, means and consequence of the commission of the crime; and (b) the circumstances after the commission of the crime.

The favorable circumstances: The defendant appears to have recognized and reflected a crime; the defendant fully pays the amount of damage to the victim; the defendant has agreed with the victim; and the following previous convictions of the same type of fraud are both fines: the defendant is disadvantageous to him.

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