(영문) 의정부지방법원 2012.12.06 2012고단61

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(영문) 의정부지방법원 2012.12.06 2012고단61

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1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has worked in the Daejeon-gu Daejeon Real Estate D'D' office operated by C as an employee.

Around February 16, 2005, the Defendant, together with C, promised the victim E to be allocated the right of sale in the amount of the royalty on the 45-year royalty floor, which is valuable for investment, because of the relationship with the president of the executor who sells the Gimhae F apartment in lots. The Defendant, at the above D Real Estate Office, made a false statement to the victim E.

However, in fact, there was no promise from the president of the executive company who sells the above F apartment in lots to receive a letter of 45 square meters of the royalty floor from the president of the executive company who sells the above F apartment, and there was no intention or ability to sell it to the victim after receiving a high premium.

The Defendant and C, as such, deceiving the victim as such, received KRW 25 million from the victim to the Agricultural Cooperative Account (Account Number: G) in the name of the Defendant on the same day as the down payment of F apartment sales right.

Accordingly, the defendant was given property by deceiving the victim in collusion with C.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Examination protocol of suspect C by the prosecution;

1. Some of the protocol of interrogation of the police officer against the defendant (second time);

1. Details of passbook transactions;

1. An investigation report (in the case of the other party of H);

1. The defendant and his defense counsel asserted as to the assertion of the defendant and his defense counsel on the detailed statement of the details of transactions in the free savings deposit. The defendant asserted that the defendant believed it to be a fact by stating that "The defendant was the president of the executive company and the stories to obtain the right of sale of the 45 square meters of the member shop floor in Ginhae," and that it was not deceiving the victim.

According to the evidence adopted in this court and examined, the victim is consistently from the defendant to the investigation agency.

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