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(영문) 청주지방법원 충주지원 2018.02.23 2017고단798

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is a person who has operated a company related to the mutual investment in real estate investment in F Co., Ltd. in Chungcheongnam-si.

On August 2008, the Defendant made a false statement to the victim D, “The Defendant purchased the site around the Chungcheong Dam in which the World Coordination Competition was held, and again sold the land at least two times, thereby causing investments in our company.”

However, the Defendant did not have the ability to create a profit from the market price through real estate speculation due to the investment money received from the injured party, and at the time, the said company was faced with serious financial difficulties to the extent that it would not pay wages to the workers, so there was no intention or ability to carry out an agreement with the injured party to receive the money from the injured party or to return it.

On August 22, 2008, the Defendant received KRW 100,000 (two copies of KRW 50,000 Check) from the injured party for the purpose of making an investment, and received a total of KRW 2,40,000,000 from the injured party four times in total, such as the list of crimes in attached Form.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Each police statement made to D or G;

1. Written statements of D;

1. H's certificate;

1. A copy of a A currency;

1. A copy of a loan certificate, two copies of a check before himself/herself (50 million won note), a copy of a loan certificate, one copy of a check before himself/herself (50 million won note) and a deposit certificate;

1. Answer to inquiries about financial information;

1. Details of transactions;

1. A certificate of deposits without passbook;

1. Response to financial transaction information;

1. A deposit slip and a refund slip;

1. Detailed statement of the check book in his front;

1. A written request for financial transaction information and a detailed check ledger in his/her own check;

1. A list of customer information inquiries;

1. A list of transactions of entry and withdrawal;

1. Copies of checks, certificates of deposits without passbooks, and details of transactions;

1. A check on the withdrawal of deposits, a copy of check, a written application for transaction, a detailed statement of transaction, and details of transaction by account;

1. Financial transaction information;