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(영문) 서울남부지방법원 2013.04.24 2012고단2979
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 27, 2008, the Defendant, at the Ulsan-gun Apartment Management Office of Ulsan-gun, Ulsan-gun, stating that “The victim D was a pro rata representative director, received C apartment construction from an E company with the head of the headquarters in the Republic of Korea, and will take over the iron and seal construction. First, if the Defendant borrowed KRW 50,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,00,000,00,00,00,

However, the facts are as follows: (a) the Korean bank won part of the fraudulent act revocation lawsuit against the E company in the first instance court to revoke the apartment site in accord with the E company; (b) the E company filed an appeal; and (c) the acquisition of the above construction work and the timing of the construction work are not clear; (d) the E company has failed to pay employee's benefits and card payment due to the poor financial standing of the E company; and (e) the victim has no intention or ability to return not only advance payment but also 50 million

As above, the Defendant, by deceiving the victim as above, entered into a contract with the victim and the above C Apartment 1,540 households of down payment of KRW 2.8 billion, commencement of construction work on June 20, 2008, and acquired money from the victim to the post office account in the name of the Defendant for borrowed money.

Summary of Evidence

1. Partial testimony of witness F;

1. Protocol of the examination of a witness regarding D;

1. Application of some of the protocol of interrogation of the defendant by prosecution to the defendant

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

1. On March 27, 2008, according to the witness examination protocol as to D, the victim's conviction ground under Article 62 (1) of the Criminal Code (the victim's damage has been repaid, and the agreement has been agreed with the victim) can be acknowledged according to the witness F's testimony and the defendant's prosecutor's office.

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