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(영문) 부산지방법원 동부지원 2017.09.21 2017고정535
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From around 2011, the Defendant: (a) from around 2011 to 2011, was a person who was trying to operate a secondhand shop by leasing the land from the owner D to the owner of the land in Busan-gun; and (b) neglected the said land against the residents; and (c) was aware that the victim E was trying to lease the said land and operate the cellfy, he was able to obtain money from the

On June 3, 2014, the Defendant provided the victim with groundwater in his “G” office located in Busan F, the Busan, and the victim with groundwater in this land.

Since there are many water volume, it is possible to use it and there is an obstacle to the operation of the Sejong Deputy Director, so that the right to use groundwater is changed to KRW 10 million.

However, the fact was that the defendant did not have been engaged in drilling of groundwater on the above land, and the groundwater pipe that was located on the above land around February 24, 2004 could not be used because it was discarded around February 24, 2004.

On June 3, 2014, the defendant deceivings the victim as above and acquired 5 million won in cash from the damaged person on the ground of groundwater usage fee.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. Each police statement made to E, H and I;

1. Investigation report ( telephone conversations with the landowner D);

1. Application of Acts and subordinate statutes to investigation reports (construction of plane captain units and telephone communications);

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

1. The Defendant and the defense counsel’s assertion on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is as follows: “The Defendant and the defense counsel did not deception the victim as above, and the amount received from the injured party is the money in the name of the premium. However, according to the evidence duly adopted and investigated by this court, the victim would pay the above money to the Defendant.

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