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(영문) 부산지방법원 2008.11.04 2008고단5388
사기
Text

A defendant shall be punished by imprisonment for four months.

Two days of detention before this judgment is sentenced shall be included in the above sentence.

Reasons

Punishment of the crime

Around September 29, 2005, the Defendant stated that, at the victim D's office located in Gwangju-si, the Defendant would allow the victim to obtain the right to remove the apartment reconstruction site in Nowon-gu in Seoul Special Metropolitan City, which is scheduled to be reconstructed on or around April 2006 through the complaint, from the victim D in Gwangju-si.

However, there was no intention or ability to allow the victim to get the right to remove the apartment reconstruction site.

The Defendant received 1,300,000 won from the victim’s place of the above false statement, including the remittance of KRW 1,30,000 from the victim’s place of the crime, and acquired the money by remitting KRW 38,450,000 in total from around that time to March 30, 206.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement made by the police on D;

1. Statement in each investigation report (which shall be the 62 pages, 64 pages, 76 pages, of title 1 of the investigation records);

1. Application of Acts and subordinate statutes to respective descriptions of the accusation and specification of transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

2. It is so decided as per Disposition on the grounds of Article 57 or more of the Criminal Act.

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