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(영문) 서울중앙지방법원 2017.05.12 2016고단8267
사기등
Text

Defendant

A shall be punished by imprisonment for not less than three years and six months.

Defendant

B shall be innocent.

Reasons

Punishment of the crime

1. The Defendant’s fraud, via B, is expected to take over the K hotel from the victim of H pharmacy located in Jung-gu Seoul Metropolitan Government Jung-gu G at the end of November 201, 2014, to the effect that “I (ju) will take over from the victim of the H hotel located in J in Gangnam-gu Seoul Metropolitan Government. The estimated amount of the sale of the commercial buildings on the second floor in the hotel is 9.9 million won, and that the sale of the commercial buildings on the second floor in the hotel would take place at a discount of KRW 400 million on the terms of the sale on the ship,” and that the Defendant would take over the K hotel from the Macheon-gu registry around December 2, 2014 to sell the commercial buildings to the victim.

A false statement was made.

However, in fact, the defendant did not have the intention or ability to take over the K hotel, and there was no intention or ability to sell the commercial buildings in the hotel.

On December 2, 2014, the Defendant received KRW 15 million from the injured party in cash from the M&A office in the M&A office in Macheon-si L, and received KRW 150 million from the injured party, and had the injured party wired KRW 159 million to the N’s account on the same day, and received KRW 129 million from the I (State) corporation account on December 3, 2014, and received KRW 97 million in total from the B’s personal account on the same day.

As such, the defendant deceivings the victim'sO and defrauds the victim's KRW 400 million.

2. The use of a document that alters or alters private documents by the defendant A;

A. A. Around September 2014, the Defendant changed the details of P Account and exercised (1) the following: (a) at the P office operated by the Defendant in Q Q in Gangnam-gu, Seoul; (b) without authority, copied, without authority, the transaction details of the passbook of the ordinary deposit account at the branch office in the calendar of the National Bank that was opened in the name of P Corporation; and (c) the said account only was opened on July 17, 2014; and (d) even though there was no balance or transaction details at all, “52,00,000,000 won” and “48,000,000,000,000 won in the balance on July 30, 2014” and then re-written the same by means of copying it.

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