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(영문) 대전지방법원 2016.06.30 2015고단3999
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a rental business operator who owns more than 100 apartment houses D in Dong ducheon-si.

On April 8, 2013, the Defendant: (a) paid the claimed amount of KRW 26,00,000 by the District Court Decision 2013Kao 2190 on the provisional seizure of real estate owned by the Defendant; (b) provisionally seized 7 bonds, such as Dongcheon-si, Dongcheon-si, 103, 502, 1501, 1502, and 104, 301, which are owned by the Defendant; and (c) around that time, the agreement that transferred the ownership of the apartment seized in lieu of the deposit not returned to the said apartment to the said lessee; (d) the damage is at the risk of becoming up to 30,000,000,000,000,000,000,000,000,0000,000,0000,000,0000,000,000,000,00,03,00.

On April 22, 2013, the member obtained the cancellation of the provisional seizure of the above real estate from the injured party and acquired the pecuniary benefits equivalent to KRW 26,00,000, which is the claim amount of the provisional seizure.

Summary of Evidence

1. Each legal statement of witness E and F;

1. A or F suspect examination protocol (two-time, replacement);

1. A protocol concerning the examination of suspects of the police to F and E;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement of the police statement related to G;

1. E statements;

1. A complaint;

1. A pledge, a real estate lease contract, a performance note, a monthly rent contract for apartments, an apartment sale contract, and a certificate of right to registration;

1. A copy of the petition (2015 Appellant 916) (No. 916);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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