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(영문) 서울북부지방법원 2020.06.11 2020고단78

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

around April 7, 2011, the Defendant, along with B, changed part of the facts charged according to the facts that were obtained through the examination of evidence to the extent that the Defendant did not disadvantage the Defendant’s exercise of the right of defense against the Gangnam-gu Seoul Metropolitan Government C

At the office located in the case, the victim D introduced them as the representative director F and directors G respectively, and concluded a sales agency contract on behalf of the J in relation to the new construction project, such as officetels, etc. conducted in the IB block, in E.

However, in fact, the defendant and B were not the representative director and the director of E and delivered the name made by the pseudonym to the victim. Since there was no fact that the land was purchased for the new construction project such as the above officetels, there was no intention or ability to have the victim execute the sale on behalf of the victim. On February 2, 2011, the defendant had already entered into a sales agency contract with the same contents as the other sales agency and received money under the name of the sales agency deposit money,

Accordingly, the Defendant, in collusion with B, by deceiving the victim as above, received KRW 150 million, including KRW 120 million from the K Bank account in the name of E under the name of E as a deposit money for sale on the same day, and KRW 30 million from the M Bank account in the name of B, as well as KRW 30 million from the M Bank account in the name of L.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of suspect examination of the accused by the prosecution (including questioning statement of N);

1. Written statements of the prosecution of D;

1. Statement made to D by the police;

1. The part concerning the suspect's interrogation protocol of the police against the defendant, D's questioning statement, - each meta of the defendant;

1. Investigation report (as a result of execution of a warrant of search and seizure applying financial account trends), - new data;

1. Investigation report (report attached to a copy of the contract for sale by lots, among the records of the case in which theO filed a criminal suspect A or B by fraud), - a contract for sale by lots, - a special agreement for sale by lots;

1. The amount of damage from the investigation report; and