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(영문) 청주지방법원 2019.01.31 2018고단1829

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Attachment] On March 15, 2018, the Defendant was sentenced to a suspended sentence of four months for a violation of the Punishment of Tax Evaders Act by the Cheongju District Court, and the said judgment became final and conclusive on March 23, 2018.

【Criminal Facts】

The Defendant was the representative director of the Heung-gu building B and the Dispute Resolution Co., Ltd. (hereinafter referred to as the “D”).

피고인은 2016. 3. 15.경 인천 계양구 계산동에 있는 상호를 알 수 없는 순대국밥집에서 피해자 E에게 ‘나의 아버지가 청주시 F에 땅을 갖고 있는데 그곳을 글램핑장으로 개발시킬 것이다. 개발이 되면 이후 땅값이 뛸 것이다. 그러면 땅주인의 은행대출 가능금액이 올라가게 되는데 그 수익금을 투자자에게 나눠 줄 테니 투자해라. 1억 원을 투자하면 인허가 후 20일 이내 늦어도 2016. 6. 15.까지는 원금과 수익금을 포함하여 1억5,000만 원을 주겠다.’라고 거짓말하였다.

However, in fact, it was not clear whether the Defendant had continued to conduct the business due to the so-called purchase-oriented situation of land and the progress of the business until December 11, 2015, which was the remainder payment date of the real estate sales contract concluded with G, a land owner on July 11, 2015, because the land was not owned by the father of the Defendant, and the above business was not paid entirely until July 11, 2015. In addition, the amount of D's debt operated by the Defendant was 100 million won, and the amount of investment received from the victim was 150 million won, and there was no intention or ability to pay KRW 150 million to the victim by the time of promise, such as using the purchase-price or personal use of most of the investment money received from the victim for other materials or personal use.

Around April 12, 2016, the Defendant, by deceiving the victim, received KRW 100 million from the victim’s account (Account Number: I) in the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E andJ;

1. K. H.

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