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(영문) 서울중앙지방법원 2017.05.19 2017고단877
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

30,000,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

1. On July 30, 2014, the Defendant was asked to examine whether he/she can receive D, E, F, and G land in Jung-gu, Seoul (hereinafter “instant land”) from the victim C with a request from the victim for examination.

On July 31, 2014, the Defendant: (a) asked a public official of the Gu office to ask him/her to the public official of the Gu office; and (b) it is possible for the Defendant to receive the instant land from an individual.

section 3.

From among the public officials of the Gu office who know well, they sent the test fund to enable the public officials of the Gu office to leave the land."

However, even if the defendant receives money with no funds, he did not have the intention or ability to get the victim to get the land to be left off, and did not have the ability to return the money received without any special property.

On July 31, 2014, the Defendant, by deceiving the victim, received money and valuables from the victim to the SC bank account under the name of the Defendant and received KRW 30 million from the victim, and at the same time, received money and valuables under the pretext of soliciting or arranging the case or affairs handled by the public officials.

2. The criminal defendant continued to pay money to the Gu office among the victims who send money as the price for the land necessary to receive the land in this case.

“The phrase “ was false.”

However, in fact, the defendant did not have the intention or ability to get the victim to get out of land and expressed his intent to use the money received from the victim for personal purposes.

The Defendant, as such, by deceiving the victim, received a total of KRW 290 million from August 1, 2014 to January 7, 2016, as in the crime sight table 2 to 14.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Statement made by the prosecution and the police with regard to C;

1. Each investigation report (report on text details, the land management of the Gu office, currency, the Korea Asset Management Corporation reply, and the result of account tracking);

1. A detailed statement of Acts and subordinate statutes for entry and withdrawal;

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