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(영문) 서울서부지방법원 2012.11.09 2012고단132
사기
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is a person who has run real estate brokerage business, and the defendant B is a person who has worked as an assistant to the real estate brokerage business of the defendant A.

The Defendants conspired with the Defendant on May 2005 at the Seocho-gu Seoul Gagna, Seodaemun-gu, Seoul, said that “The entire island has good land in Seosan City I, but until 2006, was formed as an ecological development complex, and the land price will increase at KRW 1,00,000 per square meter from the ordinary 20,000 won if the land was connected to the land within 1 and 2 years. In addition, the current land category may easily change the form and quality of forests or forests.”

However, there was no plan to form an ecological development complex or to build an inland bridge in the Seogsan City where the above forests and fields were located, and there was a very difficult situation to change the form and quality of the site due to the problems such as opening of access roads from the contact facilities to the building site.

Nevertheless, on May 11, 2005, the Defendants conspiredd as above to deceiving the victim and received KRW 20 million from the victim to the bank account in the name of the Defendant A on the part of May 11, 2005, and acquired KRW 117 million in total as the sales price for shares of 20/562/12, among the forest and field under the jurisdiction of Seosan City, from August 1, 2005 (hereinafter “the forest and field of this case”).

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of the witness H;

1. Each prosecutor's interrogation protocol against the Defendants (including H’s statement)

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. A copy of the register;

1. Application of Acts and subordinate statutes to investigation reports (the contents of telephone communications with the Seosan road and the staff in charge);

1. Relevant Article 347(1) of the Criminal Act, Articles 347(1) of the Criminal Act, Article 30 of the Criminal Act, and Article 30 of the Criminal Act, and the selection of fines against Defendant B

1. Article 70 of the Criminal Code is to be applied to detention in a workhouse (Defendant B).

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