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(영문) 서울서부지방법원 2014.11.19 2012고단2410
사기
Text

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

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

Reasons

Punishment of the crime

F is carried out as an advisory lawyer of law firm G, and Defendant A is a person who is carried out as the H representative director of the corporation H, and he is willing to obtain money from the victim as he has the right to carry out and execute the studio-gu Itel as he has secured the right to carry out and execute the studio-gu Itel.

In fact, Defendant A was requested by J, the actual operator of H, and did not have been appointed as representative director or delegated with the authority of representative director. F was not an attorney-at-law and did not have the right to enforce and execute the above officetels. The Defendant and F did not have any intent or ability to establish a collateral security on L nearby land such as Scheon-si K.

Nevertheless, around January 31, 201, at the H office of Songpa-gu Seoul Metropolitan Government M& M&A, Defendant A made an investment agreement stating that “F will make an investment of KRW 700 million from F and repay KRW 900 million to F, and the first priority mortgage is established on the land adjacent to the said L”; on February 24, 2011, Defendant A paid KRW 900 million to the second floor restaurant of the above M&M building; Defendant E paid the victim E the amount of KRW 100 million to N, a company that is the executor of the construction works of the above office; Defendant E will first take civil engineering work upon investment in the above business; Defendant F, an advisory lawyer of G law firm, is responsible for the amount of KRW 70 million from F and will establish a collateral mortgage on land that can secure this amount; Defendant C received from the victim, namely, KRW 500,000,000 from the victim.

As a result, the defendant or F was given property by deceiving the victim in collusion.

Summary of Evidence

1. Partial statement in the first trial record;

1. Statements made by witnesses E, J andO in the third protocol of trial;

1. The witness's statement stated in the sixth trial records;

1. Protocol concerning the suspect examination of the accused or F by the prosecution;

1.F.

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