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(영문) 의정부지방법원 2016.06.09 2016고단377
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

C was aware of its business on July 201, 201

Using the certificate of seal impression issued by D (M. 68) in 68 years old E Apartment-gun, Gyeonggicheon-gun, Inc., which is owned by D, arbitrarily leased No. 202, and the deposit to be received from the lessee was conspired with the Defendant to receive the money from the lessee to the account of Dong name D (M. 70 years old) known to the Defendant.

C Around July 8, 2011, G Authorized Brokerage Office located in Gyeonggi-gunF, Gyeonggi-do, Inc., had a legitimate authority to lease No. 202 of G Apartment-gun, Gyeonggi-do, Gyeonggi-do, Inc., and around that time, issued a false letter of delegation under the name of 68 years old D and a pre-sale contract for an apartment with a qualification for an agent of 68 years old D and a false letter of contract for the pre-sale that was formed, and the name of Dong, who is not the actual owner of the above apartment, transferred the balance of the pre-sale deposit to the Agricultural Cooperative Account of 70 years old, the 70 years old, to which the actual owner of the above apartment is the 70-year old, and the defendant thereafter provided the 70-year F AC head of the Dong-gun, the 70-year, with the name of Dong to C.

Therefore, the Defendant and C received 7 million won from the injured party as the deposit money for the lease contract for apartments from the apartment to the account (J) account of the National Bank of Korea (the actual owner of the above apartment) in 68 years. On the 18th day of the same month, the Defendant and C transferred 63 million won under the remaining name of the lease contract for apartments as the remaining name of the lease contract for apartments to the above agricultural bank account of 70 years old, Dong name.

Accordingly, the defendant, in collusion with C, acquired 70 million won from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution to K;

1. Copy of the police interrogation protocol regarding Nonparty C

1. A copy of each police statement made to D (victim) or D (alias) respectively;

1. Statement made by the police with H;

1. Investigation report (verification of results of trial proceedings against public crimes C);

1. A criminal investigation report (Submission of suspect D Check payment details/private intent);

1. Application of power of attorney statutes;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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