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(영문) 서울서부지방법원 2013.08.14 2013고단174

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant acquired an event in the construction of the "ARD" and planned to implement the apartment project in Gyeyang-gu Incheon Gyeyang-gu E (19,380 square meters).

Around January 4, 2007, the Defendant made a false statement to the victim F who has a usual friendship at a place in Seoul Si’s fire, stating that “If the Defendant lends money, he will use it only for two months, and make repayment without framework until March 5, 2007.”

However, in fact, the Defendant did not have any special property or income, and the above enforcement project, which was being promoted, has not been carried out at all due to the purchase of the land from the props, and the progress of the project was unclear. In relation to the above project, there was a situation where it is urgently required to repay the debt equivalent to the amount of KRW 2 billion borrowed from G, etc., and even if it was borrowed money from the victim, there was no intention or ability to pay the loan normally within 2 months.

As such, the Defendant, by deceiving the victim, received the total amount of KRW 200 million from the victim to the corporate bank account (H) in the name of the Defendant from the victim, and acquired the total amount of KRW 100 million from January 4, 2007 to January 5, 2007 as the borrowed money.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A criminal investigation report (examination of the records of auction conducted by the Korean District Court I), an investigation report (Submission of the details of complaint and receipt of interest), and an investigation report (Attachment of architectural-related documents);

1. Application of the Acts and subordinate statutes of the business agreement on project promotion and apartment execution, and the inquiry table requesting the requested details of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;