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(영문) 수원지방법원 2018.11.06 2018고단861
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On March 18, 2014, the Defendant was sentenced to six months of imprisonment for the crime of forging private documents, etc. at the Suwon District Court’s Suwon District Court’s House, and the judgment became final and conclusive on April 9, 2016, and completed the execution of the sentence at the Jeonju Prison on November 9, 2016.

【Criminal facts】 On June 21, 2017, the Defendant is well aware of the victim’s office located in Songpa-gu Seoul Metropolitan Government, “E directors working at the headquarters of the Korea Appraisal Board.”

By doing so, it was false to the effect that the appraisal of five parcels of Gyeonggi City F would be issued an appraisal statement equivalent to KRW 900,000,000, and thus, the cost would be changed.

However, the defendant did not have any relationship with the above E, and even if he received the above money from the injured party, he did not have any intent or ability to issue an appraisal statement equivalent to KRW 900 million to the injured party.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 70,000 from the victim to the H account under the name of “Agricultural Company G Co., Ltd.” on the same day, and received KRW 5,700,000 from the victim on the 22th of the same month, and received KRW 5 million in cash.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. A criminal investigation report (as to the representative position of the defendant), and a criminal investigation report (as to Defendant A’s request for postponement of quality);

1. Previous convictions: Inquiry about criminal history, investigation report (report on the result of confirmation of the previous convictions of disposition and the date of release) (the accused and the defense counsel consider that the accused and the defense counsel will identify the accused by receiving a high appraisal of land from the accused and making a request for examination;

The defendant asserts that only the fee has been paid and that it is not a deception for the victim.

However, according to the above evidence, the defendant's appraisal is allowed to receive an appraisal at a higher price than 80 million won already calculated by the victim.

Since the Defendant received money, it is recognized that the Defendant did not have the ability to receive an appraisal as above at the time, and thus, did not have the ability to receive an appraisal.

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