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(영문) 서울중앙지방법원 2014.05.14 2013고단4835
사기
Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

Around December 8, 2010, the Defendant concluded that “The Defendant would obtain permission to divide the cost of land division design service into 50 lots of real estate from the Hancheon-gun Hongcheon-gun, Gangnam-gu, Seoul into 50 lots of land within 60 days per week from the D Co., Ltd. office located on the fourth floor of the Gangnam-gu Seoul Building C, Seoul.”

However, the Hongcheon-gun Office imposed restrictions on the division of land, the planning and purpose of which is unclear for a different period of time, so it is practically difficult to obtain the above division permission. The defendant's place of business has no intention or ability to obtain the division permission since the entire transfer to the Philippines was not an employee in Korea.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 5,00,000 on the same day from the victim as the account (Account Number H) in the name of the Defendant for the purpose of division of services from the victim; KRW 20,000,000 on December 13, 2010; KRW 20,000,000 on December 24, 2010; KRW 20,000,000 on December 28, 2010; and KRW 58,00,000 on February 5, 200,000 on the post office account under the name of the Defendant (Account Number I); and KRW 3,000,000 on March 4, 201.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Protocol of the examination of witness E of this court;

1. A protocol of examination of part of the defendant by prosecution;

1. E prosecutorial statement;

1. Application of Acts and subordinate statutes to a design service contract, deposit certificate, and transaction application form;

1. The pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the judgment on division of land held by the victim by the competent authority in advance cannot be divided into land, and even if the defendant knew of the fact that it is not easy to obtain permission on division, he/she received money from the victim within 60 days, and the money received from the victim.

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