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(영문) 서울중앙지방법원 2013.07.23 2012고단3051
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A was the actual representative of the (ju) E on the 10th floor of the Songpa-gu Seoul D building in early September 2008, and Defendant B was the nominal representative director.

The Defendants, at the early September 2008 office of the above company, purchased profits from the purchase of F, who had worked as a member of the business of the above company, as “F, who had been working for the above company as a member of the business of the above company, is expected to win the city of female-gun, was developed by Samsung Pult and Samsung Balland, and promoted the electric refrigering system with Seoul, etc., so that the land price of the sports-gun G G is rapidly increased. The land can be purchased by giving profits to the nearest people without any defect in the land. It is a plan that may occur as a debt. Land adjacent to the debt road is a high utilization rate, and the underground value increases. For example, in setting up a logistics warehouse, electronic sign board, etc., the rent may be collected, and if determined, it can live in the house if known.”

However, as the above land is restricted to the development of the land adjacent to the expressway, the Defendants did not have any intention or ability to make the F purchase of the above land more profitful.

The Defendants received KRW 67,914,000,000 in total, as the remainder of September 29, 2008, from the victim of early September 2008, the Defendants received KRW 60,914,000, as the remainder of the purchase and sale contract with FF’s female H, the victim of the said land, to enter into a sales contract with F’s female H as an object of sale of the said land.

As a result, the Defendants conspired to deception the victim through F and received property from the victim.

Summary of Evidence

1. Legal statement of a witness I;

1. The Defendants’ partial statements in the second trial records;

1. The statements made by witnesses F and J in the third protocol of trial;

1. Although the defendants in the prosecutorial protocol against the defendant A denies the voluntariness of the defendants, the above protocol is in the prosecutorial room.

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