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(영문) 수원지방법원 안산지원 2013.09.10 2013고단1259
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On January 17, 2013, the Defendant told the victim E of the said real estate to the effect that “the victim E of the said real estate is entitled to deduct the amount of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the deposit of the

However, the facts were that the Defendant was not the F and the married couple, and the F did not have the authority to receive the said money.

Ultimately, the Defendant, as such, deceiving the victim as such, and deceiving it from the victim, was KRW 15 million on January 17, 2013, and the same year.

2. The amount of KRW 25 million, total of KRW 10 million, was remitted as the refund of deposit for the lease on a deposit basis.

2. On February 19, 2013, the Defendant: (a) prepared a receipt at the above D Real Estate Office that received KRW 25 million out of F’s deposit from E; (b) received a request from E; and (c) obtained a request from E for the purpose of exercising; (d) KRW 25 million; (b) KRW 25,00,000; and (c) KRW 301, G 301, Ansan-gu, Ansan-si; and (d) KRW 301 of the deposit return (including refund on January 17, 2013) of the receipt stating that “F” was written in the name column of the receipt “F” and affixed a seal of F prepared in advance following the receipt.

Ultimately, for the purpose of exercising this, the Defendant forged a receipt in the name of F, which is a private document related to a certificate of fact, and exercised it immediately by presenting the forged receipt to E who is unaware of the circumstances.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement to F and E;

1. A charter contract, a detailed statement of transactions, a memorandum of performance, and a copy of receipt;

1. Application of Acts and subordinate statutes to a criminal investigation report (Evidence No. 34 pages);

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act that prescribes the choice of punishment (Fraud, choice of imprisonment with labor), Article 231 of the Criminal Act (the use of private document assistance, choice of imprisonment with labor), Articles 234 and 231 of the Criminal Act;

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