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(영문) 수원지방법원 성남지원 2014.08.21 2014고단762
사기
Text

1. The defendant shall be punished by imprisonment for two years;

2.However, the execution of the above imprisonment for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2007, the Defendant introduced F to the victim E's office located in Gangnam-gu Seoul Metropolitan Government, F along with the victim F, as a person with the power to purchase the land for the military unit located in Busan Shipping Daegu around 2003, the Defendant demanded F to pay F to the victim F at the public auction at approximately 2600 square meters of the above site while transferring the military unit located in 340-3 et al. on the 3rd land, Seoul Dae-dong, Seoul, and the military unit located in 340-3 et al. at the same time. The Defendant demanded that F be able to view the interest of at least 10 billion won per square year.

However, in fact, since the above site was an administrative property under the State Property Act, and it was difficult for an individual to purchase the above site from around 2004, the Seoul Metropolitan Government had no intention or ability to allow the victim to purchase the above site even if the victim received expenses from the victim.

The defendant, in collusion with F, deceives the victim, and is in the same year for expenses to purchase the land for the above military unit from the victim.

2. Three cashier's checks of KRW 10 million on September 2, 201, one cashier's checks of KRW 10 million on or around the same month, one cashier's checks of KRW 10 million on or around the same month, one cashier's checks of KRW 10 million on or around the 28th day of the same month, and the same year.

3. Two cashier's checks of KRW 100 million around 15.1 billion, and the same year.

4.3. A cashier's check issued around 100 million won, respectively, and 5.0 million won around 19.0 million won in the same month, and the same year.

5. Around October, 100, 500,000 won was remitted to a bank account in the F’s name, respectively, and acquired a total of KRW 360 million.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement of E;

3. A performance agreement and a letter of performance;

4. Each receipt, each cashier's check, and each deposit certificate;

5. Application of the Acts and subordinate statutes to articles related to the site of an embankment;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

2. Article 62 (1) of the Criminal Act on probation;

3. Probation and community service order;

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