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(영문) 부산지방법원 2016.02.04 2015고단6123
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

피고인은 2013. 8. 22. 경 해운 대구 S 소재 법무법인 T에서, U가 대표이사로 있는 ㈜V 의 G 주상 복합 아파트 철거 공사권을 피해자 W이 대표이사로 있는 ㈜X 가 총 2억 원에 양수하는 내용의 철거 사업권 양수도 계약 체결을 중개한 다음 피해자에게 “ 로비자금으로 1억 원을 주면 C 주택조합과 철거 계약을 체결할 수 있도록 해 주겠다.

“A false representation was made.”

However, even if the defendant received money from the injured party, the defendant did not intend to use it as the street funds, and there was no intention or ability to allow the injured party to enter into the removal contract with the housing association.

As such, the Defendant, by deceiving the victim, received a remittance of KRW 100 million from the victim on the same day.

Summary of Evidence

1. Each statement by witnesses W, Y, U;

1. A protocol concerning the examination of the accused by the prosecution (including the Y and the large part of the examination);

1. A suspect interrogation protocol for each police station with regard to Y (in the case of a second-time protocol, including the W substitute part);

1. Statement made by prosecution against U;

1. Written statements made by the police;

1. A statement of transaction performance;

1. Application of Acts and subordinate statutes to certificates of transfer and acquisition of removal contracts;

1. The grounds for sentencing under Article 347 (1) (Selection of Imprisonment) of the relevant Article of the Criminal Act on criminal facts [the scope of recommending punishment] No (10 million won or more, or less) of the basic area (1 to 500 million won) of the type 2 (1 to 4 years) of the general fraud [the person who is subject to special sentencing] [the decision of sentencing] did not recover damage even though the amount of damage is not small. According to the summary of the evidence mentioned above, according to the summary of the evidence mentioned above, the facts charged are sufficiently convicted, such as denying the facts charged, and the contents of the deception are also not good.

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