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(영문) 인천지방법원 2018.06.20 2017고단5479

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Southern District Court on January 16, 2013, and was actually operated by C on February 6, 2014.

On December 30, 2015, the Defendant purchased the building site by showing the outline of the building construction of the “E” commercial building in the container structure office in the E-mail site in Kimpo-si, Kimpo-si.

There is no initial fund in construction, and if you lend KRW 150 million, they will pay KRW 200 million including interest in November 2016.

If repayment is not made, E 101, which is the object of the newly constructed commercial building.

“A false representation was made.”

However, in fact, the Defendant had a debt of at least one billion won to others among the absence of any specific property, and the G Union concluded a contract to purchase the land to build the E commercial building in KRW 3,95,00,000 and paid the down payment of KRW 370,000,000, but borrowed the down payment. Unlike others, there was no way to prepare the balance of KRW 3,625,000,000, which was the remainder payment, until January 19, 2016, which was the remainder payment of KRW 3,625,00,000, and it was not a normal way to purchase the land for the commercial building and construct the E commercial building. Therefore, even if the Defendant borrowed money from the damaged party, the Defendant did not have the intent or ability to repay the money, nor did it have the intention

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained 90 million won from the victim; and (c) transferred 60 million won to the corporate bank account (H) in the name of C Co., Ltd. on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to F;

1. A criminal investigation report (Seoul National Agricultural Co., Ltd. J currency);

1. Account transactions;

1. Previous convictions in the judgment: the text of the judgment and the number of individuals;