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(영문) 서울서부지방법원 2017.07.04 2017고정332

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant and C received a request from D Company E to provide money as collateral for the Ftel’s supply contract in Seongdong-gu Seoul Metropolitan Government, which was enforced by D Company E, and made a false statement to the victim G at the coffee shop in Eunpyeong-gu Seoul Metropolitan Government on September 30, 2009.

However, the defendant and C did not have any intention or ability to transfer ownership by selling the Ftel 707 to the victim.

In collusion with the defendant, the defendant and C received 11 million won as the down payment for the sales of officetels from the injured party by deceiving the victim as above.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Second-time protocol concerning C concerning the examination of suspects by the prosecution;

1. A protocol concerning the examination of suspect of the police against the accused (No. 27 No. 5 of the evidence);

1. Second-time protocol concerning C concerning suspect examination of the police;

1. Each police statement protocol with respect to G and E;

1. Application of the receipt statute

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;