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(영문) 서울남부지방법원 2016.06.17 2016고단799
사기
Text

1. Defendant A shall be acquitted. Defendant A shall give public notice of the summary of the judgment against Defendant A.

2. Defendant B. Defendant B.

Reasons

Punishment of the crime

[Criminal Records] Defendant B was sentenced to six months of imprisonment with prison labor at the District Court on November 10, 201, and the said judgment became final and conclusive on March 29, 2012.

[2] On April 23, 2010, Defendant B made a false statement to Defendant B via A that “A shall construct an apartment on the site of the land outside Sincheon-si E and 4 lots” to the victim D from the mutual influenite-dong commercial area, “I will use KRW 3.7 million as construction cost on the loan of KRW 3.7 million for the principal place and pay KRW 70 million after the sale.”

However, the above site was not subject to the authorization and permission that can construct apartment because it fell under the national land planning management area, and Defendant B was thought to use the above price for personal purposes.

Defendant

B As such, by deceiving the victim as such, up to April 26, 201, the victim was given KRW 10 million in cash as the borrowed money, KRW 20 million in cash as of December 1, 2010, and KRW 7 million in cash as of April 20, 201, respectively.

Summary of Evidence

1. The defendant B's partial statement

1. Each legal statement of witness F and G;

1. Protocol concerning the interrogation of the suspect to the prosecution against the defendant B (including the F statement)

1. To state part of the F in the police interrogation protocol regarding the defendant B;

1. Statement made by the police with regard to F;

1. Investigation report (Investigation of the detailed statement of disbursement of expenses borrowed by Defendant B);

1. A detailed statement of use of funds borrowed;

1. A list of transactions of self-reliance deposits;

1. An application for consultation on military facility protection zones;

1. An offer of performance and a contract for lending and borrowing of money;

1. A certificate for all registered matters;

1. A certificate of land use plan;

1. A written transfer of equity;

1. A deposit slip;

1. Previous convictions in the judgment: A criminal investigation report (report attached to the judgment), text of the judgment (the district court 2010 order 1474, etc. of the parliamentary district court), and application of Acts and subordinate statutes as a result of the case search;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act (a comprehensive fraud, and choice of imprisonment);

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 62(1) of the Criminal Act:

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