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(영문) 서울동부지방법원 2013.12.27 2013고단2232

사기

Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

On December 14, 2011, the Defendants entered into a false statement stating that “A will exclusively sell the “K building C2 block (a)” in the form of several contracts with the victim G at the (ju) office of the victim G located in the Y in the G in the G in the G in Gwangjin-si on December 14, 201, and “A will exclusively sell the “K building C2 block (a)” in the form of several contracts with the victim to the Party. Defendant B delegated the right of lease with respect to the sale of the commercial building by the actual manager of the Si event, and if B entered into a letter of performance with the victim, A will sell the commercial building through the commercial building to the victim.” In that form, the Defendants concluded a false statement of performance with the victim for the sale of the commercial building.

However, Defendant A was not the actual manager of J, and even if the victim received the money from the victim due to the lack of the right to exclusively sell I, Defendant A could not sell the said C2 block to the victim. Even if receiving the service fees, the Defendants thought to be used individually, and thus there was no intention or ability to return it.

Nevertheless, the Defendants conspired to induce the victim and received KRW 100 million from the victim’s account under the name of the Defendant B for fee.

Summary of Evidence

1. Defendant A’s legal statement

1. Each prosecutor's protocol of interrogation of each of the defendants' statements (including G substitute part)

1. The police statement concerning G;

1. Investigation report (L telephone investigation);

1. Application of Acts and subordinate statutes, such as an agreement, a letter of implementation, power of attorney, and copy of passbook;

1. The relevant legal provisions for criminal facts and the reasons for sentencing under Articles 347(1) and 30 of the Criminal Act for the choice of punishment [Sentencing Criteria] Determination: Fraud group, general fraud, and Type 2 (at least KRW 100,000, but less than KRW 500,00): Determination of the recommended field: Basic area; one year to 4 years [Pronouncement Decision] of imprisonment; Defendant A had the right to sell the commercial building of this case from Non-indicted L, for which Defendant A had the right to sell the commercial building of this case.