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(영문) 수원지방법원 2017.05.10 2017고정294

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 25, 2014, the Defendant: (a) installed and operated a fireworks growing facility on the land of Heung-gu E and F in the name of D to guarantee the profits of KRW 3,200,000 per month; (b) transferred KRW 70,000,000 to an account in the name of the Korea Asset Trust Co., Ltd., a trustee, as the down payment for the parcel out payment for subparagraph 3 of the water portion of the said land from the damaged person; and (c) around January 6, 2015, as the down payment for the parcel out payment for subparagraph 6 of the water portion of the said land.

After that, the Defendant was unable to continue construction works due to the agreement between a construction project and another section of the construction project in April 28, 2015, and the fact that the Defendant had to return the down payment amount of KRW 140 million to the victim, the Defendant did not have the intent and ability to normally continue construction works.

Nevertheless, on August 15, 2015, the defendant would allow the victim to sell the building by building the interior directly.

E Contract for sale for 106 complex for E land, but the above KRW 140 million already received as contract deposit, and the intermediate payment of KRW 30 million as the contract deposit is added to the above sale without a framework.

“A false statement,” under which the victim is entitled to supervision, design, part payments, etc. from the victim.

8.12. Minority KRW 10 million, and the same year.

9.4. Around April 1, 2000 won and around October 14, 2000 won were remitted to a bank account with D name.

Accordingly, the defendant deceivings the victim and defrauds the 29 million won in total.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement by C and G police statements;

1. Application of Acts and subordinate statutes to a copy of each H building supply contract, a copy of the supply contract (1 complex 106), a copy of the agreement on construction other than the Corporation, a copy of the agreement, and a copy of the passbook of the Cnational Bank;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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