beta
(영문) 창원지방법원 진주지원 2013.04.09 2012고단480

사기

Text

The Defendant, among the facts charged in the instant case, is acquitted, dismissed as to the fraud of the victim C.

3.2

Reasons

The acquittal portion

1. Around July 8, 2010, the Defendant: (a) around July 8, 2010, at E cafeteria located in Chungcheongnam-gun, Chungcheongnam-gun, Busan-gun; (b) on the part of the Defendant, the Victim G, who is the child of the Defendant’s model F, did not release the Defendant’s provisional seizure of the Defendant’s neglect industry’s H land in the name of Busan-gun, Busan-gun; and (c) on the part of the Defendant, the Defendant

However, in fact, the expenses for the cancellation of the above provisional seizure are not required as above, as well as the amount of KRW 70,000,000, which was received from C, the wife of the defendant's type F networkF, around February 4, 2008, as the expenses for the termination of provisional seizure in the name of the neglected industry corporation, I, and five parcels, which was established as the expenses for the termination of provisional seizure in the name of the

Nevertheless, the defendant made a false statement to the victim and received 4.5 million won from the victim's place to the victim as the expenses for termination of provisional seizure.

2. As to the above facts charged, the Defendant, around around 2008, released the provisional attachment execution of the I and five parcels, 3,000,000 won as to the above facts charged. In light of such circumstances, the Defendant asserted that the Defendant received the provisional attachment execution of the H land, which was omitted at the time of the provisional attachment execution, and the victim additionally requested the cancellation of provisional attachment execution of the H land at the time of the provisional attachment execution, and the Defendant paid the necessary expenses and the expenses incurred prior to the provisional attachment execution. Thus, the Defendant did not receive KRW 4,50,000 only for the expenses for the cancellation of provisional attachment execution of the above H land.

In light of the following circumstances, the witness J requested the J to make a false statement in order to be convicted of the facts charged, as seen below, while the witness G made a statement in this court and the interrogation protocol or statement containing the statement made by the investigative agency. However, considering the following circumstances acknowledged by the witness J in this court, the witness J requested the J to make a false statement in order to attract him/her to be convicted of the facts charged.