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(영문) 서울북부지방법원 2020.01.15 2018고단3088
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Each rejection of the instant application for compensation.

Reasons

Punishment of the crime

1. Around December 2016, the Defendant made a false statement to the victim at the F Office operated by Dong, the father of the victim B, who is the father of the victim B, Gyeong-nam, that “If E dies, he will succeed to the shares of the company, but since there is a lot of inheritance tax, he would transfer the purchase price to B after purchase of the shares.”

However, even if the defendant received the purchase price from the victim, he did not have the intention or ability to transfer the purchase price to the victim, because he was willing to use it as a personal debt.

On January 25, 2017, the Defendant, by deceiving the victim, received 30,000,000 won from a new bank account (G) in the name of the Defendant as the purchase price of shares from the victim and acquired it through deception.

2. A certified judicial scrivener on December 2016, the Defendant, as a certified judicial scrivener, was engaged in the work of filing a provisional attachment suit, etc. on a claim-related dispute over F funds operated by the victim E.

On December 19, 2016, the Defendant received KRW 26,203,160 from the victim as the litigation costs of provisional seizure lawsuit, etc., and used them in mind, such as using them in the repayment of personal obligations, etc., while working for the victim.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police officer concerning B (including evidential materials attached thereto);

1. Confirmation of the details of each investigation report, submission of evidentiary materials, wire currency with the victim, wire currency with the complainant to verify the testimony of the witness H, wire currency with the complainant C, deposit details, and confirmation of the details of transactions after execution of the warrant of seizure;

1. B Application of the law of the additionally filed complaint;

1. Relevant Article 347(1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, Articles 355(1) of the Criminal Act, and the choice of imprisonment with labor, respectively.

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