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(영문) 서울서부지방법원 2014.06.24 2013고단2565
사기
Text

Defendant

A Imprisonment with prison labor for six months and for four months, respectively.

, however, for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person working in the Jung-gu Seoul Central Commercial Building Management Office, and the defendant B is a person who introduced D to purchase the above commercial building securitization bonds upon the request of the defendant A.

The Defendants concluded that the victims E who operated the liquid store store in the above commercial building with the possibility of selling part of the above commercial building as if they could sell the part of the above commercial building, and that they would have divided into money.

around July 8, 2012, the Defendants stated that “G” located in the Jung-gu Seoul Metropolitan Government F means that “BC is well aware of its own business,” thereby making the victim trusted the Defendant B, and Defendant B stated that “A would transfer the ownership of one commercial unit within three months of the purchase price for one commercial unit to the victim.”

However, in fact, D had only the claim against the above commercial buildings at the time, but did not have been awarded a successful bid, and the above commercial buildings have difficulty in auction due to the registration of division, etc., so it was difficult to transfer ownership within three months.

As a result, the Defendants conspired to induce the victim and received from the victim KRW 20 million around the 12th day of the same month.

Summary of Evidence

1. Each legal statement of witness E and D;

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Statement of the police statement of E;

1. Data submitted, such as notarial deeds;

1. Application of Acts and subordinate statutes on the contract for acquisition of bonds;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act for the suspension of execution (including the fact that the defendant has no criminal records of the same kind of crime and the scale of damage);

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