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(영문) 수원지방법원 2014.05.15 2012고합579
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

B A person shall be punished by imprisonment for six 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

Defendant

B around November 2006, upon receiving a request from the victim G to sell a total of KRW 38,900 square meters of land, which is 6,240 square meters of the wife population, and 20 square meters of land, from the victim G, which is owned by the victim. On December 27, 2006, in Seoul, Gangnam-gu I building 318, J (Representative K) entered into a sales contract with the above real estate (sale price of KRW 19 billion, down payment of KRW 250 million, down payment of KRW 230 million, and paid KRW 50 million to A at will around that time while keeping for the victim.

As a result, Defendant B embezzled the land sales contract amounting to KRW 50 million, which was kept on duty for the victim.

Summary of Evidence

1. Defendant B’s partial statement

1. The entry of part of the witness G in the third protocol of trial, the entry of part of the witness A in the sixth protocol of trial, and the entry of part of witness L in the seventh protocol of trial;

1. The third protocol of interrogation of the defendant B to the prosecutor, and the fifth protocol of interrogation of the defendant A to the prosecutor;

1. G, the written statement of each prosecutor’s office concerning L, the written statement of each prosecutor’s office in the third prosecutor’s interrogation protocol about Defendant B, G’s interrogation protocol about Defendant B, and Defendant B’s interrogation protocol in the fifth prosecutor’s office against Defendant A;

1. The second police statement concerning G;

1. A statement explaining additional complaints and complaints;

1. Determination as to the assertion of Defendant B and defense counsel in a management agreement (Evidence No. 13), a real estate sales contract (Evidence No. 51)

1. Defendant B received KRW 230,000,000 as indicated in the facts of the crime in its judgment, but in consultation with L who was delegated the disposition authority at the time, paid KRW 100,000 to M who is the creditor of the victim, and Defendant A brought KRW 50,000,000 out of the remainder KRW 130,000,000,000 to support KRW 4.5 billion pursuant to the agreement dated April 12, 2006, and the remainder KRW 80,000 to N who is the wife of the victim.

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