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(영문) 서울중앙지방법원 2017.12.07 2017고단7008

사기

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 201, 201, the Defendant: (a) was suspended in the mutual infinite coffee shop located near the west west of Gangnam-gu Seoul, Seoul; (b) the Defendant had been operating the Defendant’s new apartment building construction project to the victim C, which was operated by the Defendant to the victim B; (c) most of the site for the project has been secured and only several remaining parcels can resume the project; (d) if the Defendant borrowed KRW 70,000,000 for the remaining land purchase fund, the Defendant would purchase the land immediately and continue the project to pay the principal and interest by selling the land.

A false statement was made.

However, in 2006, when the Defendant Co., Ltd. operated the above new apartment construction project, the project was suspended due to purchase of the land with the PF loan amounting to 68 billion won from the new financial investment, and trust with the real estate trust, and it was not possible to resume the above new apartment construction project without redemption of the loan amounting to 68 billion won. There was no idea to purchase the land even if it was borrowed money from the damaged party, and there was no intention or ability to repay the money to the victim by resumption of the new apartment construction project.

The Defendant, as such, received a total of KRW 79 million from around October 25, 201 to around April 28, 201, including the transfer of KRW 20 million under the name of borrowed money from the account (F) of the E-person’s bank account around October 25, 201 from the victim, by deceiving the victim as such, by means of the same method as indicated in the list of crimes in the attached Table between around that time to April 28, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution (including the B’s statement);

1. Statement made by the police against B;

1. A detailed statement of loan payments, a detailed statement of account transactions, and a receipt for deposit;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;