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(영문) 서울중앙지방법원 2014.06.30 2013고정4543
사기
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant, as “D,” is a person who occupies the above G 402 and works as a building manager for the remaining remaining construction works, in order to receive the price that was not received after entering into a contract for the construction work with GF in Seocho-gu Seoul, Seoul, upon entering into a contract for the construction work with G 402.

On February 12, 2011, the Defendant concluded a contract to transfer G 303 lien to the victim C with KRW 150 million (G 303 lien), which read to the effect that “The Defendant will first move in with payment of KRW 33 million as the down payment, and the remainder KRW 17 million as the deposit shall be paid by HP 201, which is currently residing, and the payment shall also be made with the deposit.”

However, even if the defendant received money as down payment from the victim, he did not have the intention or ability to move in the victim.

As above, the Defendant, by deceiving the victim, received the total sum of KRW 30 million from the victim, to the new bank account on February 12, 201, and KRW 30 million from March 14, 201, to the same account on March 14, 201, and received KRW 33 million.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Part of the protocol of examination of the accused by the prosecution (including the substitute part);

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. It shall be decided as ordered on the grounds of not less than Articles 32(1) and 25(3)3 (the scope and amount of the defendant's liability for compensation in the record is not clear) of the Act on Special Cases concerning Expedition, etc. of Dismissal of Action;

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