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(영문) 부산지방법원 2013.10.29 2013고단44

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

However, for two years from the date of this decision.

Reasons

Punishment of the crime

Defendant

A around March 2008, at the victim E's certified judicial scrivener office located in Geum-gu, Busan, U.S. (D701) of the victim E, "I may use the land at a flood level in Gyeonggi-do, and if a lawsuit is filed against the State with respect to this land, it would be unconditional. There is no problem that all materials are secured at the National Archives and the descendants are given consent." On April 2008, the defendant B received a copy of the land investigation register from the suspect A from the victim's office and the victim for the case, and " If A files a lawsuit because both the state and the person in charge of the state litigation, it will win 10% for three months and five months for five months for the case."

However, in fact, Defendant A only has a land survey book for a lawsuit using the above land survey book, but did not obtain consent from the descendants of the land, and there was no doubt about how the above lawsuit can be won in any case. Defendant B was aware of how the above lawsuit was initiated by Defendant A, and therefore, the Defendants did not have any possibility of winning the lawsuit even in the process of the above lawsuit.

In addition, Defendant B was unable to repay the amount of one billion won or more to the victims and G with respect to the F commercial buildings at the time of the above action, and Defendant A also performed the work at the office of Defendant B while working in the above F commercial building, and Defendant B had to pay the amount of thirty million won or more to Defendant B. Thus, even if Defendant B borrowed money from the victim in connection with the above lawsuit, the Defendants did not have the intent or ability to pay the amount to the victim.

On April 21, 2008, the Defendants received from the victim the delivery of KRW 30 million to the new bank account in the name of Defendant A, and KRW 50 million to the same account on April 23, 2008.

In this respect.