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(영문) 수원지방법원 성남지원 2018.01.25 2017고단2701
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a certified judicial scrivener who operates ‘A' office of a certified judicial scrivener in Sungnam-si, B and 323.

On November 14, 2016, the Defendant issued KRW 65,500,000, to the victim C (73 tax) at the above office, stating that “The Defendant would make a daily treatment instead of allowing the victim F, etc., who is the child of the victimized party, to transfer land and buildings, such as the land of 1327 square meters in the Seoul-si E factory site, which is the victim’s wife D, on the face of the victim’s wife, to transfer the name on the ground of donation.”

On November 15, 2016, the Defendant arbitrarily consumed KRW 15,000,000 out of the above money at a place where the said money was kept on behalf of the victim in order to pay the Defendant the acquisition tax of G at the request of the Defendant for the registration of transfer of ownership.

The Defendant, as well as the Defendant until December 26, 2016, embezzled the victim’s property by arbitrarily consuming an amount equivalent to KRW 45,884,590 out of the total of KRW 65,50,000, which was kept for the victim 17 times in total, as shown in the list of crimes in the attached Table of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to a statement of account statement of expenses, each receipt of payment, each letter of payment, and a statement of transaction (A bank in its name);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the selection of punishment (a comprehensive determination of fines);

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;

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