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(영문) 인천지방법원 2020.06.11 2019고단9126

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On April 10, 2017, Defendant B sentenced Defendant B to imprisonment with prison labor for a crime of fraud at the District Court of Jung-gu on April 10, 2017, and the judgment became final and conclusive on July 14, 2017.

【Criminal Facts】

When the business funds, etc. of the (ju)D employed by each representative and director are insufficient, the Defendants conspired to borrow money from the victim C by making a false statement that they would have the right to operate the brine restaurant of the E-Newly constructed apartment site in Gyeonggi-do, Gyeonggi-do, to borrow money. On January 28, 2015, at the D office located in the F of the Government-Si of Gyeonggi-si, the construction work commences upon the completion of the consultation with the victim on the implementation of the 2,600 apartment units to the 2,600 apartment units to the 2,600 apartment units to the 2,600 unit unit. On the face of the deposit of KRW 100,000,00,000, the 1,600 unit unit units out of this deposit will be paid. The restaurant opening may operate a restaurant from around October 2015 and from around December 20 of that year.

However, in fact, since from around 2012, the residents' proposal falling under the preliminary stage for the implementation of the above apartment construction has not been rejected several times due to the reasons such as complementary measures with the Ministry of National Defense against the school site and the inspection station, and thus, even if the above money was received from the victim, construction permission obtained within the time limit and the victim did not have the intent or ability to grant the right to operate the restaurant.

The Defendants, as above, deceiving the victims and deceiving them from the victims to the bank account (G) in the name of the Defendant B in the name of the right to operate the restaurant from the victims, with KRW 30 million around January 30, 2015, and KRW 20 million around the 31st day of the same month, and the same year.

2. Around 26.26.1 billion won, a sum of KRW 100 million, including KRW 30 million, around 27.1 million, was remitted and acquired pecuniary profits equivalent to that amount.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to C by the police;

1. A complaint;

1. Spocheon-si official documents;

1. Investigation report (No. 9, 10, 12 No. 12)

1. A previous conviction (Defendant B): An inquiry report and an investigation report list of evidence;