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(영문) 서울중앙지방법원 2019.01.16 2018고단5213

사기

Text

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

Reasons

Punishment of the crime

On October 10, 2018, the Defendant was sentenced to two years of imprisonment at Seoul High Court for fraud, and the said judgment became final and conclusive on November 23, 2018.

On May 4, 2017, the Defendant entered into a land purchase contract with the current celebrator in Korea to the victim D, who is the new owner of the above church, as the land in Korea, is the president of the agricultural company E (the head of the city) and is good in the F of the In-si area of the Yong-si. Therefore, the Defendant already entered into a land purchase contract with the current celebrator to sell the farm house to the celebrator. Furthermore, there is a little amount of KRW 100 million with the missionary fund to the church, and it is within the flbrance to contribute money as the missionary fund to the future. When investing KRW 100 million in this project, the Defendant made a false statement to the effect that “The sum of the principal and the dividend will be returned to the Chnbol in a way that is donated to the Chnbian association after two months.”

However, at the time, E Co., Ltd. was a corporation with no sales, and the Defendant was in a state of bad credit standing with only a debt, and was in a state of failing to purchase land located in Young-si area F. Therefore, even if the Defendant received money from the victim, the return to farming business was carried out or the dividend of three times after the two months did not have any intention or ability to return the principal.

Around May 5, 2017, the Defendant, by deceiving the victim as such, obtained a transfer of KRW 100 million from the G account (Account Number: H) in the above agricultural corporation E (State) to the victim’s account.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of the police officer regarding I;

1. Each police statement made to D or J;

1. Hearing statements, such as K and L;

1. Details of the loan certificate and E (State) G account transactions;

1. Previous convictions: Application of the defendant's legal statement and the Acts and subordinate statutes governing pending cases;

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment;