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(영문) 부산지방법원 2014.03.13 2012고단10592
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

The defendant is a person who engages in the real estate sale business.

On December 6, 2011, the Defendant: (a) around 102 306, Dtel 102 306, which the Defendant had been using as his office; (b) on the following grounds: (c) even if the Defendant purchased 22 Ftel 22 in the name of his/her father, it was unclear whether the actual purchaser was the purchaser; (d) the refund of value-added tax is the buyer who purchased the office and is the buyer who received the sales agent; and (e) the Defendant, who did not have sufficient economic circumstances, borrowed 30 million won as the down payment necessary for the purchase of 22 debentures from G, even if he/she borrowed 30 million won as the down payment necessary for the purchase of 22 debentures from G, he/she had no way to obtain 300 million won as the principal and principal, and (e) even if he/she had no way to obtain 300 million won as the off payment, he/she would have to receive 300 million won as the off payment.

Summary of Evidence

1. The defendant's legal statement;

1. Each legal statement of witness G, H and I;

1. Protocol of each police statement concerning G;

1. Each investigation report;

1. Certificates and notes of borrowing;

1. Application of Acts and subordinate statutes on the designation of a F building in each viewing station;

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

1. Article 62(1) of the Criminal Act:

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