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(영문) 의정부지방법원 2017.01.18 2016고단580
사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Even if the defendant receives money from the victim E (49) who is a female living together, he did not have the intention or ability to receive the F apartment at auction.

1. On April 11, 2015, the Defendant auctioned the victim’s “F apartment 2.5 square meters in Guri-si F apartment 22,00,000 won.”

This means that a consulting company, which well knows, can win a bid by 60 to 65% per hour, is called as “Ignish investment Hagnish.” On April 17, 2015, the victim made a false statement that “Ignish to the account notified that I would need to do so once at auction” to the victim by telephone, and then acquired it from the victim on April 17, 2015 after receiving KRW 10 million from the victim to the G company bank account.

2. On April 30, 2015, the Defendant made a false statement to the victim by telephone stating that “The liquor tax shall be remitted to a quasi-deposit account with 10% (10% of the bid deposit) prior to deposit,” and the Defendant received KRW 22 million from the victim to the account in the name of a company bank account in G on April 30, 2015 and acquired it by deceit.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of examination of the suspect against the defendant (including H statements);

1. Statement made by the police for E;

1. Each investigation report (to hear statements from a witness H phone and to submit a detailed statement of transactions under the name of a witness, and to present the details of transactions from a witness H);

1. Application of the details of transaction by account, certificate of deposit verification, copy of name box, real estate auction consulting contract, certified copy of the corporate registry, and Acts and subordinate statutes on search for auction cases;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the facts of crime (Selection of a punishment penalty);

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 25(3)3, Article 32(1)3, and Article 25(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the scope of Defendant’s liability for compensation under an agreement with the victim).

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