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(영문) 수원지방법원 성남지원 2019.01.10 2018고단865

사기등

Text

1. Crimes Nos. 1, 2, 3, 4, 5, 7, and 8 of the Defendant’s judgment against the Defendant E, F, G, H, and I, and fabrication of private documents.

Reasons

Punishment of the crime

[Criminal Justice] On August 25, 2017, Defendant A was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for a crime of fraud in the Goyang Branch of the Jung-gu District Court on March 25, 2017 and the judgment became final and conclusive September 2, 2017.

Defendant

B On November 4, 2013, the Seoul Central District Court sentenced six months of imprisonment for fraud, and the execution of the sentence was terminated on May 1, 2014 at the Seoul Central District Court.

Defendant

D On August 26, 2015, the Incheon District Court was sentenced to two years of imprisonment with prison labor for a violation of the Game Industry Promotion Act at the Incheon District Court Branch Branch, and the judgment was finalized on April 7, 2016, and on February 15, 2017, the former District Court was sentenced to two years of suspension of execution for eight months of imprisonment with prison labor for fraud, and the said judgment became final and conclusive on February 23, 2017.

[2018 Highest865]

1. Around June 2015, Defendant A’s fraud against the victim E had the victim E undergo an appraisal of the Gyeonggi-si L and Mho building by J and K, and had the victim take the mind that the victim E would receive an appraisal of the said building, and had the victim obtain a higher appraisal of the said building and obtain a loan.

Around that time, the Defendant demanded the victim to conduct an appraisal in the amount of KRW 7.3 billion, which is higher than the amount of the existing appraisal and assessment, through J and K. The Defendant demanded that the victim make an appraisal in the amount of KRW 5.3 billion.

However, since the defendant is not a certified public appraiser and the difference between the existing appraisal value and the amount desired by the victim, even if he is paid expenses from the victim, he/she did not have the intention or ability to obtain a loan as security by receiving a high appraisal price on the building.

The Defendant, by deceiving the victim as above, received KRW 3,00,000 from the victim to the OUnion account in the name of N (P) around June 24, 2015, and received KRW 15,00,000 from the above OUnion account on July 6, 2015, and acquired KRW 4,500,000 in total on two occasions, including receiving KRW 1,50,000 from the above OUnion account.

2. Defendant A and Defendant B’s victims F.