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(영문) 서울남부지방법원 2014.12.16 2014고단800
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 23, 2013, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Eastern District Court for fraud, and the judgment became final and conclusive on October 19, 2013.

The Defendant, in collusion with A, knew that the victim E would want to obtain a loan of the F land (hereinafter referred to as the “F real estate in southyang-si”) as collateral, had the victim receive a high appraisal price, and had the victim obtain a large amount of the loan, and had the victim do so. In order to acquire money under the pretext of appraisal cost and loan fee, etc.

A on December 4, 2012, 2012, at the H office in the operation of the victim management of the Guri-si 816, “A” means that “B is an expert in appraisal related to appraisal. 3 million won is changed with the starting fee to receive a high appraisal price for the real estate remaining in the Republic of Korea,” and the Defendant called that “the victim by phone call to the victim on February 2, 2013 at an influence place and to search for five million won.”

However, even if the defendant and A receive money from the victim, they did not have any intention or ability to get the victim to obtain the high-priced appraisal of the remaining real estate.

The Defendant and A, as such, deceiving the victim on December 4, 2012, received KRW 3 million from the victim to the Agricultural Cooperative account in the name of A, KRW 6 million to the same account on December 20, 2012, KRW 1 million to the same account on January 9, 2013, KRW 200,000 from the same account on February 5, 2013, KRW 5 million to the Korean Telecommunication Bank account in the name of I on February 2, 2013, and KRW 5 million to the credit union account in the name of the Defendant on March 11, 2013, respectively.

As a result, the Defendant conspired with A to induce the victim and received a total of KRW 20,200,000 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused and the accused and the A (including each substitute part);

1. Land appraisal costs for each investigation report, the confirmation of the transaction details of passbook D by the suspect and the complainants;

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