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(영문) 전주지방법원 2016.09.20 2014고단2230
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a current or former business director (director) of a stock company C.

On October 30, 2013, the Defendant received a demand from the victim D to “a reimbursement of approximately KRW 70 million to the loan” at the mutual coffee shop located in the New Dong-dong, Seosan-gu, Seoul Special Metropolitan City around October 30, 2013, the Defendant is deemed to have owned the Defendant’s land E at all times, and would have repaid this land.

The representative director and the representative director were about her now.

The land made a false statement that “The 15 million won is available for military service” in terms of the difference between KRW 90 million and KRW 15 million.

However, the Defendant did not have the authority to sell the company’s land. Since F, the substantial representative director of the company, and “trade in land owned by the company” did not have the authority to sell the company’s land, even if he received money from the damaged party, he did not have the intent or ability to transfer the ownership of the said land.

Around November 15, 2013, the Defendant received KRW 15 million from the damaged party to the Agricultural Cooperative Account in the name of the said company as a land purchase price.

Accordingly, the defendant deceivingd the victim and caused C to receive the property.

Summary of Evidence

1. Statements made by witnesses D and G in the fourth public trial records;

1. Statement made by the witness F in the fifth public trial records;

1. Statement of examination of the witness to the F of this court;

1. Statement made in D in a protocol concerning the examination of the police officers against the accused;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made to D or G by the police;

1. A report of investigation (a copy of a record shall be appended);

1. A real estate sale contract, receipt, contract, loan certificate, transaction details, a statement of deposit and withdrawal from a passbook, and deposit statement of passbook (15 million won);

1. Copies of each protocol of examination of witness (2014 Ghana 10702);

1. A copy of the judgment [the defendant and his defense counsel have the authority to sell real estate to the defendant, and the F has consented to the sale of land, so the defendant's deception or fraud did not have the intent to commit a crime, along with the argument that he had no intention to commit a crime by deception or

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