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(영문) 부산지방법원 2017.10.19 2017고정1004
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On March 2016, the Defendant stated that “Around Busan Dong-dong, the Defendant would transfer a unit of household housing located in the said unauthorized house within 15 days on the face of the week to the victim E, who was awarded a successful bid for an unauthorized housing site equivalent to 10.9 square meters (3.5 square meters) in Busan Dong-dong-gu, Busan, which was owned by the Defendant, and a site for an unauthorized housing site equivalent to 10.9 square meters (3.5 square meters) in D.”

However, even if the defendant received money from the injured party, he did not intend to get the house within 15 days.

As above, the Defendant: (a) by deceiving the victim; and (b) transferred the victim’s money totaling KRW 4 million from the victim’s 21.1 million on the 24.24.3 million on the same month to the account in the name of national bank in the name of F, his father, and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of a certificate of remittance confirmation (7 pages of investigation records), on-site photographs (10 pages of investigation records), a certified copy of the register (24 pages of investigation records), and a written appraisal (59 pages of investigation records);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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