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(영문) 청주지방법원 2017.11.17 2017고단1988
사기
Text

A defendant shall be punished by imprisonment for not less than three months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 27, 2008, the Defendant stated that “When transferring KRW 50 million to the victim C, the Defendant would receive an appraisal report on KRW 4,000 of the forest land in lots No. 4,000 in Gwangju City, the Defendant would receive an appraisal report on around March 25, 2008.”

However, even if the defendant is given money for the expenses used by the injured party to raise the appraised value of real estate, he/she was an intention to use it individually, and there was no intention or ability to receive higher appraised value of real estate from the injured party.

Nevertheless, on March 27, 2008, Defendant 1 issued KRW 5 million to the Agricultural Cooperative Account in the name of the Defendant around March 27, 2008 from the victim’s false statement to the victim.

2. On April 28, 2008, the accused of fraud is not able to make an appraisal of the forest land E in Gwangju City around April 28, 2008 to the victim in a place in Seoul Buddhist District.

In other real estate, "to substitute for the appraisal" means that the injured party requested the appraisal of the F commercial buildings located in the military, and the injured party said that "the equipment for the appraisal is necessary for the appraisal."

However, even if the defendant received money from the injured party as the equipment for real estate appraisal, he/she was willing to use it individually, and there was no intention or ability to receive the appraisal value of real estate from the injured party.

Nevertheless, the Defendant was issued KRW 1 million to a new bank account in the name of G on the same day from the victim by making a false statement to the victim as above.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H by the prosecution;

1. Statement made by the prosecution against C;

1. Statement made by the police against C;

1. The Nonghyup Bank's details of financial transactions, replies to requests for submission of financial transaction data, notification of financial transaction status data, response to requests for financial transaction details, and financial transaction information.

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