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(영문) 전주지방법원 2012.11.29 2012고단1525
사기
Text

Defendant

A and B shall be punished by imprisonment for one year, and by imprisonment for six months, respectively.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

The Defendants decided to undertake the new construction of apartment units in Jeonjin-gu E and 33 Jeonjin-gu, Jeonjin-gu, and agreed to receive money from the victim F as a project fund.

Defendant

B around July 2005, at the “H Hospital,” operated by the victim in Seojin-gu Seoul Special Metropolitan City, Jeonjin-gu, through Dong I, introduced F through Dong Dong I, and introduced F to F that “A confirmed its intention to purchase and sell an apartment building against land owners, and A exercise overall control over apartment-related work,” and the Defendants and the victims were determined to enter into a L cafeteria located in Seojin-gu Seoul Special Metropolitan City on September 2005 with the Defendants and the victims together at the L cafeteria located in Jeonjin-gu Special Metropolitan City. The Defendants also completed the confirmation of the intention to purchase the land from the land owners. However, if the money is insufficient to purchase the land, the purchase of the land will be completed immediately, and the principal will be made within three months at the latest after entering into the procedure for permission.” In this regard, the Defendants made a false statement to the effect that the amount will be KRW 500 million.”

However, at the time, the purchase of the apartment site was at the stage of confirming the intention by the service provider in contact with the landowner, and it is unclear whether it is possible to purchase the land at least 80% required for the progress of the project because there is no conflict between the landowner and the landowner, and even if it is delivered KRW 400 million from the victim, there was no intention or ability to pay the principal and interest until the promised date by immediately proceeding the project.

The Defendants received KRW 400 million from the victim on September 27, 2005 to the passbook (N) in the name of Defendant A.

Accordingly, the Defendants were given a total of KRW 400 million by deceiving the victim.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness F;

1. Each police statement of theO or P;

1. Application of Acts and subordinate statutes to a copy of loan certificate;

1. The Defendants: Article 347(1) and Article 347(1) of the Criminal Act.

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