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(영문) 의정부지방법원 2017.07.31 2016고단5042
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

With respect to the reconstruction project of the E Union in progress on the premises of the Guri-si D, the Defendant did not have the right to implement the said reconstruction project, did not have the said E Union’s right to be authorized as an adviser, and did not have any authority or ability to dissolve the E Association, but he did not transfer the right to implement the said reconstruction project to the victim F, was willing to induce the victim as if he could dissolve the said E Association, and on May 11, 2015, the Defendant had the right to implement the reconstruction project as a person with the authority of adviser of the E Union, who is the project undertaker of the reconstruction project in the premises of the Gangnam-gu Seoul, Gangnam-gu, Seoul, as the victim could dissolve the said E Association.

The above project site can be acquired by a contract with 18 billion won, and the reconstruction project can be implemented by dissolution of the E Union, which makes a false statement to the effect that the expenses would vary in 30 million won.

The Defendant received 5 million won from the injured party to the K bank account (K) of the J, the wife of the Defendant on the same day. On May 12, 2015, the Defendant received a check of KRW 30 million at par value, and transferred 50 million on May 29, 2015, KRW 10 million on June 3, 2015, KRW 10 million on June 3, 2015, and KRW 3 million on June 9, 2015, respectively.

Accordingly, the defendant, by deceiving the victim, received a total of KRW 53 million from the victim and acquired it by fraud.

Summary of Evidence

1. A defendant's partial statement in court (including the part in which the record of witness examination in L and M is recorded);

1. Each legal statement of the witness N, L, F, M andO;

1. Statement of part of the defendant in the first interrogation protocol against the defendant in the first interrogation protocol against the defendant: The statement that the defendant had the right to implement the reconstruction project of this case (Evidence Record 193 pages) [the defendant recognized that the defendant had no right to implement the reconstruction project of this case (the third trial date)]

1. Part of the second suspect examination protocol against the accused.

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