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Defendants shall be punished by imprisonment for one year.
However, as to the above Defendants for a period of two years from the date this judgment became final and conclusive.
Reasons
Punishment of the crime
[2016 Highest 2004] D and Defendants would transfer the land to the victim even if they did not obtain delegation from the successors of the right to dispose of the land owned by the network E.
The purpose of this article is to acquire money from the damaged person by fraud.
D and the Defendants, at Defendant B’s certified judicial scrivener office located in Yangcheon-gu Seoul Metropolitan Government on December 26, 2014, may transfer the victim G to the victim “Y, I, J three parcels in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the land owned by the network E, H, I, J three parcels, Won-si K, and L two parcels (hereinafter collectively referred to as “the instant land”).
Within one week, the registration of inheritance and the registration of transfer shall be effected.
1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”
However, in fact, D and the Defendants knew that the deceased E’s heir did not have been delegated the right to dispose of the land from the deceased E, and that the heir of the land of this case was not subject to inheritance, etc., and that the inheritance, etc. cannot be achieved because some inheritors were residing in the United States, etc., and thus, they did not have any intent or ability to transfer the land to the victim.
D and the Defendants, as such, deceiving the victim and transferred KRW 100,000 to the victim through the Saemaul Treasury account in Defendant B through the Defendant’s Saemaul Treasury account.
As a result, D and the Defendants conspired to acquire the victim's property by receiving the victim's property.
Summary of Evidence
1. Defendants’ respective legal statements
1. A written examination of suspect in relation to D (one time, two times) by each prosecutor's office;
1. A protocol concerning the examination of suspect of M;
1. Each police statement made to G, N, orO;
1. Statement by police on P (e-mail);
1. A trade contract, an invoice for each expense, power of attorney, power of attorney, etc.;
1. A service agreement, a trade contract, and details of transactions;
1. An investigation report (in addition to a certificate of all matters to be registered on the land, submission of details of financial transactions A and D, and submission of a document in the form of calculating registration expenses by a certified judicial scrivener);