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(영문) 대전지방법원 천안지원 2018.03.29 2018고정43
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

In fact, the defendant and B did not have the intention or ability to allow the victim E to sell the apartment at a discount, because the defendant and B had no intention or ability to allow the victim E to sell the apartment at a discount, which was trusted to the Korea Asset Trust in the Nam-gu, Nam-gu, Seoul Metropolitan City.

In addition, even if they receive the sale price from the injured party, they did not pay all the money as the sale price, and some of them thought that they were arbitrarily used as the name of the accused and B such as honorariums, and they did not deceiving the injured party in the absence of the ability to receive the claim for the purchase price of the goods against F, which is the customer of the injured party.

Accordingly, B would be able to purchase through Defendant at the early December 2014, 2014, “H” in the Songpa-gu Seoul Metropolitan City G market for the victim’s “D apartment 1408 which is newly constructed in the river.”

Although the sale price is KRW 93 million, it can be sold at a discounted price of KRW 75 million, it will be paid for the sale price of KRW 30 million to F on the face of KRW 45 million.

“The phrase “ was false.”

However, in fact, the Defendant and B did not have the authority to allow the said apartment at a discount, and instead of paying all the money received from the damaged person as the sale price to the Korea Asset Trust, the KRW 10 million out of the money was arbitrarily used as the honorarium for the Defendant, and KRW 5 million was thought to be used by B for the purpose of offsetting the debt.

The Defendant and B conspired to deception the victim as above, and transferred KRW 30 million to the Agricultural Cooperative Deposit Account in the name of the Defendant on January 8, 2015 as the sale price to the victim, and received KRW 15 million under the same name as around February 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol concerning the examination of suspect (B);

1. Each statement protocol (E, I);

1. Requests for the remittance of typists;

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