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(영문) 서울중앙지방법원 2018.01.25 2017고단5517
사기
Text

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

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

To the extent that it does not disadvantage the defendant's defense right, part of the facts charged was corrected according to the facts obtained through the examination of evidence without amendment procedures.

The defendant is the representative of the sales agency, "DBA", and has been promoted by the FF in Chuncheon City.

In relation to G implementation projects on October 24, 201, the company entered into a contract for the vicarious execution of the sale in lots with the company in charge of the settlement of accounts, but the project was in a state where there was no much networkability to obtain approval for the sale in lots from February 2012, since the project was part of efforts to obtain loans due to the shortage of funds. The defendant entered into a joint agreement with H on November 7, 201, related to the sale in lots with the victim and already entered into the contract for the sale in lots. However, the defendant, who is only liable without any specific property, will return the deposit if he/she is unable to sell in lots with the victim, and receive money from the victim in the name of the deposit money. On December 29, 201, the defendant would not request the victim of Jinju District in Gangnam-gu Seoul, Seoul, to receive the money of sale in lots by proxy from the victim of the sale in lots by 210 million won.

Around December 29, 2011, “Around December 201, 201,” which is false as “the victim, shall receive KRW 80,000,000 from the bank account in the name of the company bank in the name of the Korea-In-Law Bank (DB), and KRW 20,000,000,000 from the above bank account on January 10, 201, respectively, by deceiving KRW 10,0

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, K, H, and L;

1. Two copies of each sales contract and each deposit certificate;

1. Application of two copies of a loan certificate and Acts and subordinate statutes governing the custody of cash;

1. Article 347 of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Criminal Act selection of punishment;

1. Article 32 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation.

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