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(영문) 서울중앙지방법원 2016.06.15 2015고단1816
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

C and the Defendants, around July 18, 201, purchased No. 101 of the Seo-gu Incheon E Commercial Building B 101, sold by the company from the limited company D, and agreed to operate the business of installing and operating the screen golf course at the same time.

around August 10, 2011, at a restaurant operated by the victim G wife H in Seo-gu Incheon, Seo-gu, Incheon, the Defendants would entrust the victim with the construction of the tegrative of the above screen golf course.

In the process of preparing and delivering “I written contract for construction work”, and Defendant C “A will lend five million won as the loan is needed when it is prepared for the change of use, etc. in order to use a screen golf course.” The Defendant A will have extended the loan.

“.....”

However, even if the Defendants borrowed money from the damaged party, they did not think that they would use it as expenses for the establishment and operation of screen golf clubs, such as the change of the use of the above commercial building, and there was no idea to use it as expenses for the establishment and operation of the above commercial building. Of KRW 1.69.68 billion, the Defendants agreed on a loan with one bank and one bank’s corporate financial branch in order to raise the remainder, but it was not possible to obtain the approval of the actual loan due to the lack of equity capital. However, there was no other way to raise the sale price, and there was no other way to procure the sale price, and thus the victims could not normally acquire the above commercial ownership

From August 12, 2011, the Defendants conspired as such, thereby deceiving the victim, and acquired 5 million won from the victim to the Defendant’s single bank account.

Summary of Evidence

1. Statement by the defendant in court;

1. Joint Defendant C’s legal statement

1. An inquiry about details of each transaction and a copy of passbook;

1. Details of transactions of entering and withdrawing funds by the receiving period;

1. A real estate transaction contract and a commercial building supply contract;

1. Application of the Acts and subordinate statutes on contracts for construction works under the I interior contract;

1. Criminal facts;

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