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(영문) 춘천지방법원 2017.06.05 2016고단1067

사기

Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the pastor of the C religious organization D church.

On April 25, 2012, the Defendant issued a victim F of the above church in Chuncheon-si, Chuncheon-si on April 25, 2012, “The amount of KRW 200 million of the cost of the building for the first floor of the C religious organization D church and the construction period from April 25, 2012.

6. By determining the end of October, 200, a false statement was made to the effect that, “To sell an apartment in Korea until completion inspection is conducted after completing a new construction project on the face of the Jeju Sea.”

However, the Defendant purchased the above church site and the apartment owned by the Defendant and set up the right to collateral security of the maximum amount of KRW 494 million. The down payment to the victim was part of the above church site and the apartment house owned by the Defendant with joint collateral security, and the above church with the Defendant’s credit amount of KRW 60 million was also 90,000,000,000. The above church with the Defendant’s credit amount of KRW 20,000,000,000,000 was extended by joint collateral. The above church did not have any intent or ability to fully pay the construction price on the date of the promise even if it was promised to complete the construction.

The Defendant had the victim construct a new building in the amount of KRW 187,154,00 in total from April 25, 2012 to September 2012.

Accordingly, the Defendant acquired the pecuniary benefits equivalent to KRW 88,500,000 by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A copy of a construction contract;

1. Decision of the Chuncheon District Court (2013 Ghana 3418; compensation for damage);

1. A certificate of the entire registered matters (G), a certificate of the entire registered matters (G), a credit evaluation report (G) of the Chuncheon City), a response to non-Sacheon Credit Rating Data, an apartment sale contract, a copy of the check before himself/herself, a letter of confirmation, a ledger of loan transactions, and a certificate of all registered matters.