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(영문) 서울동부지방법원 2016.08.10 2014고단1256 (1)
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On May 1, 2015, the Defendant was sentenced to a suspended sentence of imprisonment for three months at the Incheon District Court for fraud, and on May 9, 2015, the judgment became final and conclusive.

around May 2013, the Defendant was aware of the fact that he had been living in the French land in Seoul.

B After receiving a request from the victim C to request for appraisal of the appraised value of D land in the amount of KRW 3.5 billion which is assessed by the victim C, the joint defendant, who is the victim C, conspired to collect money in installments from the victim E (Supreme Court Decision 18 November 18, 2015; hereinafter the same shall apply) with the appraisal hub, and to use it in the form of appraisal cost.

In accordance with the above public offering on May 23, 2013, the Defendant would receive an appraisal report with the amount of KRW 20 million as the appraisal fee from the victim C through B, the Defendant would receive an appraisal report with the amount of KRW 3.5 billion as the appraised value of D land at king City, if the Defendant sent the victim C with the appraisal fee.

“.....”

However, the defendant and E did not have any intention or ability to receive an appraisal with the appraised value of 3.5 billion won, even if the defendant and E received money from the injured party for the purpose of appraisal costs.

On May 23, 2013, the Defendant, in collusion with E, by deceiving the victim, and by receiving the remittance of KRW 16.7 million from the damaged person to the Defendant’s account under the name of the Defendant A.

Summary of Evidence

1. Statement E in the 14th public trial records;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Each police suspect interrogation protocol against E or the accused (including the statement inC);

1. Each police statement made to C, F, and G;

1. Written complaint filed by C;

1. A statement prepared by the F;

1. Each report on investigation;

1. A copy of each passbook, a copy of confirmation, a copy of the report of appraisal, a copy of confirmation, a copy of a letter of confirmation, a copy of payment, a certified copy of the register, a real estate trust contract, and a transaction by account;

1. Previous convictions in the judgment: (A) written inquiry results, and the application of Acts and subordinate statutes of the investigation report (A's confirmation of the same record);

1. Article 347(1) and Article 30 of the Criminal Act (Punishment of imprisonment) concerning the facts constituting an offense;

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