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(영문) 서울남부지방법원 2016.06.30 2016고정872
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who was a director of the “C”, a company company in the business of Btel in Yeongdeungpo-gu Seoul Metropolitan Government, and the “C” is the executor of the said officetel as a preserved bond and was exercising a lien on part of the said officetel. The victim E was a person who had been living in the said officetel No. 904 and was against D in the above officetel No. 904 and was against the said officetel’s lawsuit, and was against the said officetel’s order.

The Defendant concluded that, around October 2014, the instant office located in the instant officetel No. 101, the Defendant concluded that, “The Defendant would have a director with the number of Nos. 210, a factory room by November 2014, and the cost of directors would vary to KRW 10 million.”

However, in fact, the Defendant did not have any authority to appoint the victimized person to board as an officetel 210 under the following circumstances: (a) the Defendant did not have any authority to appoint the victimized person to board as an officetel 210; and (b) the “C” and the “D” were punished for legal disputes with respect to the right to possess the said officetel; and (c) the Defendant did not have any intent or ability to have the victimized person directors as an officetel 210 even if he/she did not receive money from the victimized person as a gold for his/her criminal agreement, since he/she thought that he/she would use the money paid as the director’s expenses.

The Defendant obtained a total of KRW 9.2 million from October 20, 2014 to November 201, 2014 from the injured party to the end of the Defendant, who obtained a delivery of KRW 9.2 million in the name of director expenses from around October 20, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes on public receipts;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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