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(영문) 대구지방법원 상주지원 2017.07.11 2016고단214
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant would purchase E pension in D at the time of the victim C's death.

The author conspiredd with F and G to use the above penture without compensation after receiving the penture from the injured party who believed that he belongs to the damaged person and moving into the penture.

On May 25, 2012, the Defendant introduced “F to the victim at the victim’s office located in Seocho-gu Seoul Seocho-gu Seoul H Building 305, as the chairperson of the World Bank, and drafted a land transaction contract with the victim and the purchaser of F with respect to the above penta, while introducing “F to the victim’s office in Seocho-gu Seoul, as the chairperson of the World Bank,” which is closely related with the World Bank, and having him/her receive international funds. On May 30, 2012, the Defendant explained the victim of the above penta, as above, to have the victim occupy and use the penta to purchase the above penta in KRW 75,6750,00. The purchase price is paid by June 25, 2012.

“.....”

However, in fact, the Defendant was planning to use the above penture without compensation after pretending to trade from the beginning, and had no intention or ability to purchase the above penture for KRW 75,675 million.

In collusion with F and G, the Defendant: (a) conspiredd with F and G to induce the victim; (b) taken over the above pention from the victim; and (c) did not use pention for about 41 months from the above day to October 24, 2015; and (d) did not pay approximately KRW 123 million to the victim; and (c) acquired pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Entry of the witness C’s legal statement in the third public trial protocol;

1. Entry of the witness J and K in each legal statement in the fifth public trial records;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A land transaction contract, a real estate transaction contract, a certificate of full registered matters, and a business registration certificate;

1. Each investigation report (No. 11,20, 27 No. 11, 27);

1. A copy of each judgment;

1. Building photographs and each text message (Nos. 7 through 9 in the list of evidence) [Defendant and defense counsel hears the opinion that F is a minor person.

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