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(영문) 서울중앙지방법원 2017.09.28 2017고단5558
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

5,000,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On February 11, 2014, the Defendant: (a) at the auction court of the Seoul Central District Court located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu, Seoul; (b) at the request of the victim C to make a tender on behalf of the victim C, the Defendant determined the bid price; (c) accordingly, prepared and submitted the bid list; and (d) paid the bid bond from the victim to the above court, thereby allowing the victim to obtain a successful bid of KRW 169,00,000,000.

After that, at the office located in Gangnam-gu Seoul Metropolitan Government around February 25, 2014, the defendant sent 156,194,400 won, including 148,520,00 won for successful bid, 2,674,400 won for certified judicial scrivener, and 5 million won for such auction agency, to the victim as soon as possible.

“Falsely false.”

However, in fact, the Defendant did not have any particular property or income at the time, and was thought to repay personal debt with the victim’s money, so even if receiving the said money from the injured party, there was no intention or ability to pay the remainder of the successful bid and the fees of certified judicial scrivener

Nevertheless, on the 26th day of the same month, the Defendant received money of KRW 156,194,400, including the amount of KRW 5 million from the damaged party to the bank account of the F name designated by the Defendant.

In this respect, the defendant, by deceiving the victim and receiving property, was not an attorney-at-law and was acting as an agent for a legal case.

Summary of Evidence

1. Statement by the defendant in court;

1. A written examination of the suspect of the defendant or G by the prosecution (includingC statements);

1. A protocol concerning the examination of each police officer concerning F, H, G, and I;

1. Statement made to the prosecutor by the J;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to deposit certificates, promissory note processes, certificates of auction consulting entrustment contracts, and each detailed statement of transactions;

1. Relevant Article 347(1) of the Criminal Act concerning facts constituting an offense, Article 347(1) of the Criminal Act of the choice of punishment, and Article 109 subparag. 1 of the Act (each of the imprisonment with labor);

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