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(영문) 의정부지방법원 2016.07.26 2015고단4611
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant pays 34,00,000 won to the applicant by deceitation.

Reasons

Punishment of the crime

The Defendant was the representative director of the real estate consulting company called “C” and D was the former operating employee of the above company.

The Defendant did not own the ownership of Gyeonggi-gu E (hereinafter “the instant land”) but did not have any circumstance to reduce monthly wage to its employees because the company’s capital situation is difficult, and thereby, D, a business employee of the instant land, was unable to purchase the instant land from its employees on October 20, 2009, and received the remainder of KRW 300,000,000,000 from the damaged party under the pretext of the same day as the down payment amount, and 30,000,000,000 won from the damaged party on October 20, 2009.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the accused (including a cross-examination);

1. A protocol concerning the examination of each police officer in relation to D or G;

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

1. A land trade contract, provisional partition, and a certified copy of the real estate registry;

1. A certificate of receipt or deposit without passbook;

1. Investigation report (to be submitted for reference) - Application of the Act and subordinate statutes

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 25 (1), 31 (1) and 31 (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders;

1. The grounds for sentencing under Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Declaration of Provisional Execution [Scope of Recommendations] General Frauds No basic area (from June to one year and six months) (a period of less than 100 million won) (a period of imprisonment with prison labor for six months]

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