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(영문) 서울서부지방법원 2014.04.30 2013고단2226
사기
Text

Defendant

A shall be punished by a fine of KRW 5,000,000.

Defendant

If A does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A around October 29, 2012, at the H real estate office operated by Defendant A in the third floor of the Seocho-gu Seoul Metropolitan Government building G, the fact is that B did not have any intention or ability to construct a building at the construction site in Seocho-gu Seoul Metropolitan Government, and is thought to be used for personal purposes by borrowing money from the victim F, and even though there is no intent or ability to borrow money from the victim F, A is required to obtain a building permit to use the money for the purpose of personal purposes. It is necessary to use the money for three months if the victim borrowed money from the above construction site. It is necessary to pay KRW 20 million in cash. The amount of KRW 17 million after deducting KRW 3 million, and KRW 20 million is lent to the victim for three months if he/she borrowed money from the above third floor. It is delivered KRW 17 million in the name of the guarantor of the bank in the name of Defendant B around October 29, 2012.

As a result, Defendant A aided and abetted B by facilitating B’s fraud.

Summary of Evidence

1. Statements of Defendant A in the first and third protocol of trial;

1. Statements made by witnesses F and B in the second protocol of the trial;

1. Application of the first prosecution examination protocol to Defendant A to the Acts and subordinate statutes

1. Article 347 (1) or 32 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 32(2) and 55(1)6 of the Criminal Act for aiding and abetting and mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Special cases concerning the dismissal of an application for compensation, the promotion of litigation, etc.;

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