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(영문) 창원지방법원 2016.02.03 2015고정1319
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 7, 2013, the Defendant: (a) in a coffee shop where it is difficult to know the trade name in the Seongdong-gu apartment complex B apartment complex in Seongbuk-gu, Changwon-si; (b) knew that the victim C intended to purchase land of the size of 48,98 square meters in size of 11,00,000 in South and North Korea, and had an appraiser well aware that the victim C would know that it would purchase land of the size of D and 11,09

The defendant notified E of the above fact, and E knew to F.

Accordingly, the defendant, E, and F have conspiredd to acquire money by deceiving the victim as if they had no intention or ability to conduct appraisal, even though they had the ability to conduct appraisal.

On the 10th day of the same month, the Defendant displayed a false table appraisal at the victim at the same place, and the Defendant stated that “The land appraisal price shall be KRW 1,50,000,000,000,000,000,000,000,000,000.”

However, the defendant, E, and F did not have any intention or ability to appraise the land requested by the injured party due to the lack of an appraiser and well-known appraiser as KRW 150,00.

The Defendant, as such, by deceiving the victim and deceiving the victim, received a total of KRW 37.5 million on November 1 of the same month from the victim, KRW 5 million on the 26.5 million of the same month, and KRW 25 million on December 3 of the same year, respectively.

Accordingly, the defendant, in collusion with E and F, obtained 37,500,000 won for the issuance of land appraisal report.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

2. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

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

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