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(영문) 서울남부지방법원 2016.02.17 2014고단2773
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

All applications filed by applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

On July 2011, the Defendant is entitled to sell 201 J shopping districts to the victim D in the Nam-gu, Incheon Metropolitan City.

However, in the event that financial standing is difficult, the executive company must have some of the sales price directly check to the executive company on the condition that it is discounted.

The phrase “ makes a false statement.”

However, there was no such demand in the enforcement company, and the defendant did not intend to deliver it to the enforcement company only by receiving a check from the damaged person under the pretext of delivering it to the enforcement company, and there was no intention to deliver it to the enforcement company.

Accordingly, on August 25, 201, the Defendant’s “one sheet of KRW 70 million check” among the facts charged in the changes in the written application for permission to amend the bill of amendment on February 3, 2016 at the L office in Yangcheon-gu Seoul Metropolitan Government (K) around August 25, 201, when the Defendant suffered damage, is deemed to be a clerical error.

In addition to the issuance of B, the "70 million won" stated in the column of defraudation in the attached Form No. 1 of the written application for permission for changes of indictment from August 24, 2011 to January 27, 2012 as shown in the list of crimes in the attached Form No. 1 of the written application for permission for changes of indictment from February 3, 2016 shall be deemed to be a clerical error.

As shown above, the victims received a total of KRW 427 million from the victims in total over 10 times, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D, E, F, G, I, and H;

1. Partial statement of the witness M;

1. Entry of each part of the witnessN andO in the five-time public trial records;

1. Part of the written statements made by the prosecution against N and M by the prosecution;

1. Recording notes;

1. Each contract for sale in lots;

1. Written evidence of each class;

1. A statement of financial transactions in the principal;

1. Details of payment of self-paid checks;

1. A certificate of remittance of another person;

1. Inquiry of transaction details;

1. Details of inquiries into the president of credit;

1. A copy of a check before himself;

1. A copy of bankbook;

1. A list of savings deposit transactions;

1. A certificate of all registered matters;

1. Financial transaction statement;

1. A written inquiry about the results of transfer;

1. A certificate of deposit verification;

1. Inquiry into the results of transfer;

1. Details of trading in the name of P;

1. G transaction details; and

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