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(영문) 의정부지방법원 2018.06.14 2017고정850
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 11, 2014, the Defendant was sentenced to a suspended sentence of four months by imprisonment with prison labor for an injury at the District Court, and the judgment became final and conclusive on June 19, 2014.

On December 11, 2012, the Defendant: (a) received money from the victim B from the Government-Si Council members around 1, 2012; (b) even if having received money from the victim, the Defendant did not have the intent or ability to arrange a loan of a higher amount than the market price by using it as appraisal expenses; (c) provided that “The Defendant would make the said real estate to be loaned KRW 2 billion or KRW 2.5 billion as security after receiving business appraisal at a higher amount than the market price at the face of Hongcheon-gun, Gangwon-do, etc.; and (d) received KRW 15 million as appraisal expenses through the Defendant’s bank account at around that time.”

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. A complaint, a statement of inquiries about details of financial transactions, details of entry fees, each investigation report (Submission of data, submission of data on a complainant, telephone conversation, and reception and reception of text;

1. References to inquiries, such as criminal history, and application of statutes on investigation reports (Attachment to suspect-related judgments, etc.);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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;

1. The judgment and the defense counsel on the issue of the main text of Article 186(1) of the Criminal Procedure Act regarding the issue of litigation cost is that the defendant received KRW 15 million from the injured party. However, the defendant, while promoting a electric source housing development project together with the injured party, received the above KRW 15 million in the name of the expenses for the promotion of the electric source housing development project. The defendant would receive a loan by receiving business appraisal from the injured party as stated in the facts charged in the instant case and obtaining a loan exceeding the market price

It asserts that there is no falsity of the damaged person.

The Court is legally authorized by this Court.

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