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(영문) 의정부지방법원 고양지원 2013.11.21 2013고정1523

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 20, 201, the Defendant made a false statement to the Defendant’s office located in the fifth floor of the Goyang-gu Seoul Metropolitan Government D. D., that “The Defendant would have the victim C newly build an office in Mancheon-gu E., Incheon Metropolitan City, and would have the said office be given the right to vicariously sell the office if the expenses required for the construction are lent to the Corporation.”

However, the Defendant, at the time of the shortage of funds, told construction business operators prior to the occurrence of the instant officetel construction work, who had been performing the said officetel construction work, to take over the construction site. However, it is unclear whether the construction work can be carried out due to the lack of funds or the lack of the owner of the building or the lack of specific construction schedule or terms and conditions, and it was unclear whether the office is entitled to take over the officetel in lieu of the construction cost. Therefore, even if receiving money as a security deposit for sale in lots, there was no intention or ability to perform the said promise.

Nevertheless, the defendant received two million won from the victim in the same place of the above false language, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Application of the Acts and subordinate statutes of the agreement;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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. Article 25 (3) 3, Article 32 (1) 1, 3, and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Orders for Compensation (the scope of liability for compensation is illegal after the closure of pleadings are applied for, and the scope of liability for compensation is unclear);