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(영문) 서울동부지방법원 2018.01.26 2017고정1668
사기
Text

Defendant

A A shall be punished by a fine of two million won, and Defendant B shall be punished by a fine of four million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On May 2015, the Defendants placed the victim E on the “D Burial” located near Seongdong-gu Seoul Metropolitan City Mayor on the ground of “F new apartment site redevelopment partnership, site warden, etc.”

On the face of KRW 20 million, a false statement was made to the effect that the general seller of the above apartment and its members would have the system air conditioners sold.

However, at the time, the Defendants did not have any authority with respect to the G Housing Redevelopment and Improvement Project, and did not have any authority with respect to the G Housing Redevelopment and Improvement Project Association’s partnership head, field director, etc., and Defendant A had personal relations with H, the former president of the said union, but only did not allow the victim to sell the system air conditioners. However, there was no intention or ability to allow the victim to sell air conditioners according to the agreement with the victim. The amount received from the victim was mainly intended to be used for private purposes, such as the Defendant’s living cost.

Nevertheless, on June 10, 2015, the Defendants: (a) by deceiving the victims as above; and (b) around June 10, 2015, received cash of KRW 10 million from the restaurant located in Seongdong-gu Seoul Metropolitan Government Geumhohoho Lake 4; and (c) around June 25, 2015, KRW 10 million from the aforementioned “D” respectively.

As a result, the Defendants conspired to attract the victim to receive property from the injured party.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the prosecution against E;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, and the choice of fines for the crime;

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

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