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(영문) 서울남부지방법원 2014.11.04 2014고단3713

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, along with C (final conviction on February 27, 2014), drafted a contract with the victim and Edidian Co., Ltd., to sell KRW 2.350 million to the purchaser F at KRW 2.350 million. However, the contract was so-called “UP contract” added by KRW 250 million to the actual purchase price, and thus, conspired to collect KRW 250 million in width, knowing that the said money was deposited into the above company’s account and returned again.

Around May 9, 2011, the Defendant, along with C, met the victim at the Yangcheon-gu Seoul Metropolitan Council for Global Reconstruction, 3, 318-245, 318-245, and at that location C, said C, on his/her own name, said C, with the victim’s bank account opened on May 4, 201, that he/she would make it difficult for him/her to transfer the account or withdraw from the account even if he/she transfers the account to the said account, and would make it difficult for him/her to do so if he/she transfers the amount of KRW 250 million transferred to the passbook under his/her name under his/her business (UP) contract, and would make tax data that he/she used as the interior work cost, etc. of the building on the said land and less the amount of tax.

However, when the defendant and C deposit money to the above account rather than the intention to create tax data to the victim, the defendant and C thought that they would immediately transfer money to telephone and cut off the money and use the money in installments.

As above, the Defendant and C deceiving the victim, and caused the victim to transfer KRW 250 million from the national bank account in the name of Editechno to C’s above corporate bank account in the name of Editechno, and immediately account transfer in full to C’s financial account in the name of Editech G.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the prosecutor's statement concerning G;

1. Copy of the statement made to D by the police;

1. A complaint filed in D. D.