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(영문) 서울중앙지방법원 2017.01.25 2016고정2897
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 16, 2016, the Defendant was sentenced to imprisonment with prison labor for six months in Seoul Central District Court 2016No 3508, and the said judgment became final and conclusive.

The defendant knows that the defendant would have a victim C, who was living in Gwangju City, receive a loan as security for the E church located in Gwangju City due to the introduction of the person, and would have the appraised value higher than the existing appraised value (90 million won).

At the same time, it was intended to acquire money under its name.

On August 18, 2015, the Defendant is well aware of the victims C at the coffee shop, “H,” which is located in the Seoul Gwanak-gu Seoul Special Metropolitan City F, prior to the exit No. 5, with the knowledge of the persons who conduct the regular business or appraisal of the ICO due to the former head of a bank.

Until August 22, 2015, E church sites and buildings were false, i.e., having the I certified public appraiser corporation receive 1.3 billion won the appraised appraised value from the I certified public appraiser corporation, and, thus, 4.3 million won was changed under the pretext of the removal of the appraisal example and the commencement of on-site withdrawal equipment, etc.

However, the Defendant was not the head of the former bank, and was not aware of the general director or the appraiser of the ICO, and there was no way to receive the appraisal value of the real estate in particular, so there was no way to receive the appraisal value of the real estate. Therefore, even if the Defendant received the advance payment from the victim, there was no intention or ability to receive the appraisal value by raising the

Nevertheless, the defendant deceivings the victim as above and obtained 4.3 million won from the victim as the retainer of appraisal and assessment and acquired it by fraud.

Summary of Evidence

1. Each legal statement of the witness C, J and K;

1. Complaint;

1. Statement made by the police against C;

1. Previous convictions in judgment: Reporting the previous convictions and results of confirmation, and applying the text of the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;

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