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(영문) 수원지방법원 2012.09.14 2011노4514

사기등

Text

The judgment below

The remainder, excluding the non-guilty part among the reasons, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The prosecutor’s scope of the trial of the political party is as follows: “The Defendant’s land 5,175 square meters and 10 lots of land, both F and F, from F, the Defendant’s each type of land around April 2005 (hereinafter “instant land”).

With the consent of the victim B to sell the above land to the victim, the victim requested the purchase of the above land and obtained the consent with the local answer with the victim, and then sold the above land to F with the price of KRW 270 million. The victim was aware that the victim purchased the above land with the price of KRW 340 million as if he purchased the above land in the price of KRW 340,000,000.

Thus, around April 25, 2005, the victim's Japanese bank account was withdrawn from KRW 170 million in the name of the purchase price of the above land, and the same year.

6.2. Around 170 million won, a sum of KRW 340 million was withdrawn, and then a sum of KRW 270 million out of which was remitted to F as the purchase price, thereby acquiring the difference of KRW 70 million.

"Ack for fraud as provided for in paragraph (1) of the facts charged, but the court below maintained it as the primary facts charged. "Ack for the defendant to arbitrarily use part of the money that he had been on duty for the victim, and the above F entered into a sales contract with the victim with the purchase price of KRW 270 million, requesting the victim to be notified of the purchase price. On the other hand, a sales contract with the victim with the purchase price of KRW 340,000,000 for the above land in order to show the victim later, was prepared, and embezzled by consuming it with the intent of 70,000,000 won corresponding to the difference.

The court of the original judgment rendered an application to change the indictment for the crime of occupational embezzlement, and the court of the original judgment rendered a not guilty of the primary charges on the grounds that there is no proof of the crime, and convicted of the preliminary charges as stated in

Thus, in this case, only the defendant appealed, Paragraph 1 of the facts charged.