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(영문) 인천지방법원 2020.12.17 2020고단4158

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[criminal power] On October 26, 2017, the Defendant was sentenced to one year of suspension of the execution of imprisonment with labor for fraud at the Incheon District Court on June 26, 2017, and the judgment became final and conclusive on November 3, 2017.

【Criminal Facts】

around August 24, 2017, the Defendant made a false statement to the effect that “The Defendant would pay KRW 200 million to the principal by adding the amount of KRW 450 million to the principal by March 31, 2018 when investing KRW 250,000,000 to the 196 households of the D Regional Housing Association, which is newly constructed at 21,349.92 square meters (6,458.35 square meters) located outside 9 parcels of the Gangwon-do Iron-gun, Gangwon-do, Seoul, to the victim B, an elementary dong, an elementary, at a coffee shop located in Gyeyang-dong, Gyeyang-gu, Incheon.”

However, there was no apartment house that was constructed and scheduled to be sold on the above land at the time, and there was no difference in the fact that D regional housing association obtained a building permit. Since the investment contract that the defendant concluded with the victim was a party to the investment contract, and there was no connection with the new apartment construction project planned on the above land, the defendant did not have the intent or ability to reduce the principal and the profits as agreed even if he received the investment funds

The Defendant received from the victim a transfer of KRW 125 million from August 25, 2017 to the F account in the name of the E in-house in the name of the victim, and around August 31, 2017, KRW 125 million from August 31, 2017.

Accordingly, the defendant was given a total of KRW 250 million by deceiving the victim.

Around July 2017, the Defendant made a false statement to the effect that “If the Chairperson Nibibi invests KRW 50 million in selling an apartment in Gyeongsan, he/she would give an amount of KRW 20 million more than 70 million after six months to the victim B of the same elementary school at the coffee shop located in Gyeyang-gu Incheon Gyeyang-gu, Incheon.”

However, even if the defendant receives investment money from the victim, he thought that it will be used as debt repayment and living expenses, etc., and invested in the apartment sale business for the victim.