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(영문) 수원지방법원 성남지원 2021.02.16 2020고단657

사기

Text

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

Reasons

Punishment of the crime

On January 11, 2017, the Defendant was sentenced to eight months of imprisonment for fraud in the Sungnam support of Suwon Friwon, and the above judgment became final and conclusive on June 16, 2017.

Criminal facts

On January 5, 2017, the Defendant was responsible for the victim D's house construction work at the branch office of the Gwangju City Council in Gwangju City, Gwangju. The Defendant was responsible for the victim D.

The principal shall be repaid within six months from the date of investment of KRW 100,000,000 for the initial funds required for design costs and bank loan loans, and one loan shall be sold at the time of completion of the construction.

“A false statement” was made.

However, in fact, the Defendant did not have the right to carry out construction due to the failure to pay the purchase price for the above loan site at the time of the above loan, and the Defendant did not have the intent or ability to return the principal and sell the loan, even if the Defendant received the investment money from the injured party even if he did not have the right to do so, because the Defendant did not have the right to pay the purchase price for the loan site at the time of the above loan.

On January 6, 2017, the Defendant, by deceiving the victim, received KRW 100 million from the victim, via a bank account (G) in the name of the Defendant.

Summary of Evidence

1. A previous conviction on the police's written agreement on the police's statement D with regard to the defendant's legal statement, transaction details: Application of the provision of inquiry, such as criminal history, and application of Acts and subordinate statutes on investigation reports (Attachment to the judgment, etc. and 1

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The latter part of Article 37 of the Criminal Act: Provided, That the reason for sentencing Article 39(1) of the Act on the Handling of Concurrent Crimes is as stated in its reasoning, the Defendant concealed the current status of construction works and acquired 100 million won from the damaged person under the pretext of investment in the said construction works by actively deceiving the use of the funds; from that time, most of the money has not been returned until four years have passed since that time.

This shall be considered as the principal situation, but the defendant's mistake.