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(영문) 부산지방법원 동부지원 2013.11.19 2013고단2754
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant served as the victim F Co., Ltd. and D’s director in charge of sales from January 201 to November 2012, 201.

After the victims entered into treatment Construction Co., Ltd. and Busan Metropolitan G Condominium sales agency contract, the victims paid the introduction fee to the introduction in the case of sales contract in order to promote sales.

The defendant was faced with economic difficulties due to personal circumstances, and even in the case of selling a condominium directly, he was aware of the fact that there is a referral, and he was received the introduction fee in the name of a person who is a place of a household by remittance.

On April 25, 2011, the Defendant, even though H and I directly sold the above condominium 102 and 603 at G condominium sales office, was introduced by the J to enter the contractor’s personal information on the contractor’s management ledger, and submitted a copy of the J’s resident registration and a copy of the passbook to K to the person in charge of the accounting of the victims.

As such, the Defendant, by deceiving K, intended K to transfer the introduction fee of KRW 9,670,00 to the passbook of J with the approval of E, and acquired a total of KRW 178,050,000 through 18 times from around that time to May 24, 2012, as shown in the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

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

1. Article 32 (1) 1 of the Act on Special Cases concerning the Promotion, etc. of Lawsuit to Dismiss Application for Compensation (applicable for registration after the closure of pleadings);

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