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(영문) 춘천지방법원 원주지원 2017.08.31 2016고단626

사기

Text

A defendant shall be punished by imprisonment for two years.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On June 2015, the Defendant is expected to newly construct Q Q “a welfare facility for the elderly in the instant site” to the victim U at D sales office located in the Seoul Special Self-Governing Party V (hereinafter “instant site”).

B Since all of the punishments of B are intention, Q hospital can be allowed to enter Q, and from the 8 and 9th floor price of the original state, the elderly school was to be operated.

At present, there is no problem in Q construction when a KRW 100 million is paid to the seller of the land of this case, and it is paid to the seller only KRW 100 million.

A false statement was made to the effect that a loan of KRW 190 million will be repaid within four months, and that when the construction is carried out by 50%, a loan of KRW 150 million will be paid as a profit, and when completion is completed, a loan of KRW 150 million will be paid as a profit.

However, even if the defendant received the above KRW 190 million from the injured party's investment, he did not purchase the land in this case and proceed with the business, or did not have any intent or ability to repay the above investment to the injured party.

The Defendant, as above, by deceiving the victim, received the total of KRW 177 million from July 3, 2015 to August 14, 2015 from the victim to the victim, respectively, through the Agricultural Cooperative Account (Account Number:W) in the name of D.

Summary of Evidence

1. The defendant's oral statement in the first trial record;

1. Statement made by the police against U;

1. A notarized letter or investment contract;

1. A detailed statement of transactions of entry and withdrawal;

1. A certified copy of each registry;

1. Investigation report (Attachment of on-site photographs: V), on-site photographs;

1. Investigation report ( telephone conversations with V land-related persons);

1. Investigation report (to hear witness X statements);

1. Application of Acts and subordinate statutes on transactions in each account;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 32(1) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (which has reached an agreement on several occasions by the Defendant and the applicant for compensation). The data submitted by the applicant for compensation are recognized as having been partially compensated by the Defendant.