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(영문) 인천지방법원 2018.06.28 2018고단3008

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of eight months.

(2) the date of this judgment.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the "E" construction executor who is a Cambodia, and the defendant B is a person who has worked as the vice-chairperson of the above corporation.

Defendants together with the victim F on August 2015, 2015, “The construction was suspended in Cambodia.”

G Building Project Project is being taken over and implemented by the above corporation, and the apartment construction project project is also being implemented in the scale of KRW 300 billion which is built by Posco Construction.

For this reason, the loan of US$200,000 ($240 billion) has already been made from China's Selective Property Management Limited Corporation.

Temporary loan of US dollars 250,000 is required. Accordingly, it was false that it would be possible to repay money after three months and participate in the project work.

However, the Defendants did not take over or proceed with the G building project or apartment construction project, and there was no loan from the Chinese company to US$ 200 million. Therefore, even if they borrowed money from the damaged party, the Defendants did not have any intent or ability to pay money to the injured party.

On September 28, 2015, the Defendants, by deceiving the victim as such, obtained the delivery of the total amount of KRW 1,586,825 of Chinese currency to the same account as China around October 21, 2015, on two occasions, from the local account designated by Defendant B around September 28, 2015, and obtained the delivery of the above proposal from China to the same account around October 21, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Part concerning the statement of the F in the interrogation protocol of the suspect against the defendant A by the prosecution;

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

1. Each statement of H and I;

1. Each e-mail, proposal, investment contract, each Kakao Stockholm message content, letters, credit reports, Cambodia corporation registration certificate, certified copy of the corporate registry, entry and departure status of each individual, loan agreement, and proposal contents;