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(영문) 대전지방법원 2019.08.30 2017고단4578

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On November 201, the Defendant concluded that, at the site office of new construction of the Seo-gu Daejeon District Complex B in Daejeon, “In the event that the Plaintiff newly built a multi-unit housing and proceeds from the sale of it in lots, he/she will conduct a business with the driver’s business in the next site. If he/she borrowed money, he/she will repay the money up to August 31, 201 and pay interest every month.”

However, in fact, the Defendant, without any particular capital, received a loan from most of the expenses for the purchase price of the land and construction price of the building while constructing the above B-S Multi-unit Housing without any capital, and had to preferentially use the above housing for the payment of the construction price equivalent to about three billion won even if the housing was sold, and the unmanned telecom Construction Project was also planned to borrow KRW 300 million from D or to take out the loan, and was in a situation in which it was impossible to generate profits from the construction project. Thus, even if the Defendant borrowed the money from

Nevertheless, on November 28, 201, the Defendant had the victim transfer a total of KRW 270 million to the national bank account in the name of D (Account Number E) with the borrowed money, and received this from D.

Accordingly, the defendant was given money by deceiving the victim.

Summary of Evidence

1. Statement made by C of a witness in the second protocol of trial;

1. The entry of witness D in part of the third protocol of trial;

1. Each protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Each protocol concerning the examination of suspect by the police against the defendant or D (including each part of the cross-examination);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a loan certificate or certificate;

1. Article 347(1) of the Criminal Code of the relevant criminal facts, Article 347(1) of the Criminal Code, the defendant's reason for sentencing a sentence of imprisonment with labor is not present in the trial, and only interest has been paid for one year even though the amount of damage is small, and most damage has not been recovered,