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(영문) 부산지방법원 2013.09.26 2013고단1056

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around June 8, 2007, the Defendant stated that “A lawyer office located in the 8th floor of Busan Metropolitan City, the Defendant is a representative delegated by the President Gspon of the President of the President of the State Office of F Religious Organizations with the affairs related to H litigation. H is originally affiliated with the F religious organization, but H is currently in possession by the I religious organization, and during the I religious organization, the Defendant will immediately win the case because H is under the F religious organization because it is under the control of the I religious organization, and then I will immediately win the case because H is under the control of the F religious organization.”

However, at the time of the fact, the Defendant had the J give the recognition of the H at the time of the litigation cost. After receiving KRW 35 million, the said J had the said J file a fraudulent complaint against H H of the I Religious Organization H, but on December 21, 2006, even if the Defendant received money due to the fact that he was dismissed by the prosecutor’s office, it was unclear whether or not the Defendant could appoint H, and there was a situation in which the said J was urged to return the amount of KRW 35 million received as the litigation cost and its interest as the litigation cost, and on June 1, 2007, H of the F Religious Organization did not notify the victim of the above fact, despite the uncertainty of whether it was favorable in the first instance trial against H of the ownership cancellation registration filed against I Religious Organization H of the said civil litigation.

The Defendant, by deceiving the victim as above, will be appointed as H widely known to the Defendant, was obtained from the victim the sum of KRW 38,150,000 as well as the cash in the name of a person who is aware of the fact in the same place.

Summary of Evidence

1. Each part of the witness E, L and M;

1. Some statements (including statements in E, M, N, or L) of the suspect examination protocol prepared by the prosecution against the accused;

1. Determinations with respect to L.