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(영문) 서울중앙지방법원 2020.03.20 2019고단7935

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[criminal power] On December 19, 2018, the Defendant was sentenced to six years in the Seoul Central District Court to imprisonment for a violation of the Act on the Aggravated Punishment of Specific Economic Crimes, Etc. (Fraud). On October 17, 2019, the Seoul High Court sentenced the dismissal of the appeal and the imprisonment of eight months for fraud, which became final and conclusive on January 30, 2020.

【Criminal Facts】

Around October 2, 2015, the Defendant made a false statement to the effect that “Osan City Improvement Project” located in “Osan City C” in “Osan City C Improvement Project” in “Osan City B, and that “A maintenance project is in progress at B, Osan City,” and that “The Defendant would be able to receive removal and waste disposal works equivalent to KRW 8.6 billion related to the redevelopment project because he/she is well aware of the executory company and the personnel of F, so that he/she may receive waste disposal works.” This would lend KRW 100 million as the implementation cost of redevelopment project, and if the removal work is not commenced after six months from the date of borrowing, he/she would make repayment by adding the interest calculated at the rate of 24% per annum as well as the principal.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have the intent or ability to order the victim to remove the said C Improvement Project site and take waste disposal works, and did not have any intent or ability to properly repay the borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, received 50,000,000 won from the victim to the IBK Enterprise Bank Account (Account Number G) in the name of the Defendant on the same day.

Summary of Evidence

1. Court statement of the defendant (the third court date);

1. A protocol concerning the examination of suspect of H with respect to each police officer;

1. Statement of D police statement;

1. A complaint, a copy of name cards, a memorandum of understanding of land trust business, a standard contract for private construction works, a certificate of personal seal impression, a loan certificate, a certificate of transfer, a certificate of transfer, a details of financial transactions, a notice of data on the current status of each financial transaction, a copy of

1. Previous convictions in judgment: Criminal records and Seoul Central District Court;