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(영문) 대구지방법원 김천지원 2015.09.10 2015고정386
사기
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On January 15, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and three months for fraud in the Daegu District Court Kimcheon Branch on November 15, 2014, and the said judgment became final and conclusive around November 13, 2014.

On September 22, 2011, the Defendant made a false statement stating that “C” licensed real estate agent office, the Defendant, working as a certified brokerage assistant, would be benefiting if he purchases eudio from the victim D and exchanged it with the pentium located in G in the same city of Seopo-si, Seopo-si, Jeju-do, and the same city of Seopo-do. The Defendant would exchange down payment in KRW 20 million.”

However, in fact, the defendant did not have the intention or ability to exchange the above studio and the above pentle, and the defendant thought to use the down payment received from the victim for personal expenses.

The Defendant, as such, by deceiving the victim, received cash 20 million won from the victim as a down payment.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by H in the second police interrogation protocol against the defendant;

1. Statement of D;

1. A complaint filed in D;

1. Investigation report (the statement by the owner of the Jeju-do FI excursion ship), investigation report (the statement by the G owner J excursion ship at the time of Seopopoon), investigation report (a document to be submitted by the complainant - a copy of the bankbook which is the complainant - a copy of the bankbook and a

1. Previous records of judgment: Application of Acts and subordinate statutes which are bound to the criminal records, inquiry reports and records of public trials;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (reduction in consideration of the point on which agreement is reached, the form and degree of number, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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