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(영문) 인천지방법원 2019.10.17 2018고단9482

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, at the office of the Defendant located in Yeonsu-gu Incheon Metropolitan City around April 2014, the Defendant stated to the effect that “Y and E land in Yeonsu-gu is a park site purchased for the establishment of sports facilities at Incheon City, and the above site may be changed for the purpose of use, and a liquefied petroleum gas filling station may be operated. Of KRW 500,000,000,000, out of KRW 200,000,000,000 to be used as land purchase funds and various authorization expenses, etc., the Defendant shall conduct the business of acquiring land, changing the purpose of use, and granting permission for the filling station of liquefied petroleum gas by consulting with the Incheon Si first, and at the end, the Defendant would jointly operate the filling station of liquefied petroleum gas and divide profits by jointly operating 50:50.

However, the defendant did not have certain income or assets at the time, and even if he received money from the victim under the pretext of a contract for the same business, it was thought that it would be used as living expenses, the defendant's separate litigation expenses, the repayment of debts, etc., and there was no intention or ability to return 200 million won to the victim immediately if it is impossible to use it for the purpose of preparation for

Around May 1, 2014, the Defendant, by deceiving the victim as such, received KRW 200 million from the victim under the pretext of a contract for the same business to grant permission for a vehicle charging station.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. C’s statement of the police interrogation protocol against the defendant

1. Each police statement concerning C and F;

1. 긱 수사보고(피의자 신용정보 확인, 피의자가 제출한 금융거래내역 확인)

1. A partnership agreement and a cash loan certificate;

1. The defendant denies the criminal intent by defraudation, but the above evidence is duly adopted and examined by this court.