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(영문) 의정부지방법원 2014.06.12 2013고정2871
사기
Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

Defendant

A around March 13, 2013, at the office of "E" on the first floor of the building located in Namyang-si, Namyang-si, the victim F may rent the above building, and the victim F in collusion with Defendant B and telephone, thereby making a false statement to the effect that "I will present the original tenant who will serve as the present funeral service, and I will do so."

However, in fact, the Defendants did not have the intent or ability to arbitrarily leave the tenant or dispose of the commercial building at their own discretion with respect to the commercial building, and there was no fact that the lessee had made the commercial building at his/her own discretion.

The Defendants received 1,000,000 won from the victim as rent, in other words, from the victim.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s legal statement (as of the third trial date);

1. Legal statement of witness F;

1. Partial statements of each police suspect interrogation protocol against Defendant A

1. Application of the Acts and subordinate statutes described in the investigation report (teleline survey) and the investigation report (other than this case with respect to G);

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 186 (1) and Article 191 (1) of the Criminal Procedure Act to bear litigation costs;

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