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(영문) 의정부지방법원 고양지원 2015.02.27 2014고단1734
사기
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A defendant shall be punished by imprisonment for not less than eight 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, who operated the “F” on the first floor of Goyang-gu, Seoyang-si D, Ilyang-si, with a view to transferring the said “F” to those who had been operating the said “F”. The Defendant, who had reduced the sales of the said store and could no longer operate the said store, was able to do so.

On January 10, 2014, the Defendant: (a) at the H Licensed Real Estate Agent Office in Yongsan-gu, Yongsan-gu; (b) prepared a false statement of sales status of KRW 134,578,414 in total annual sales amount; and (c) prepared a false statement of sales status as if the monthly net sales amount of KRW 4,00,00 in KRW 134,578,414 in total, and the monthly sales amount of KRW 4,00,000 in KRW 4,00,000,000,000,000,000 won, and prepared a false statement of sales status; and (d) prepared a false statement of sales status with the victim to enter into a contract for transfer and acquisition of rights with the victim in a manner that discharges net profits; and (d) entered into such contract with the victim immediately as the contract for transfer of rights with the victim.

24. 24. 48 million won as part payments, and the same year;

3.1. Any balance received 2 million won in total as 60 million won.

Summary of Evidence

1. Each legal statement of I and J;

1. The contents of the Kakao dialogue;

1. Sales status-providing suspects;

1. Offering sales and return-E;

1. A contract for transfer of right;

1. Application of transfer certificate and receipt statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting the crime (generally, the choice of imprisonment);

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 62-2 of the Social Service Order Act

1. The alleged victim was aware that there was a difference in sales known to the defendant and entered into a contract. The defendant's receipt of 60 million won is merely a receipt of the price for the collection of the defendant's office and the interior of the human body. It is stated in the facts charged.

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