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(영문) 수원지방법원 안산지원 2016.09.09 2015고단3788
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 28, 2014, the Defendant concluded that “The Defendant would sell the instant 4-5 complex of the F apartment complex 4-5 complex to the central boiler replacement, so that the Defendant would start construction until April 20, 2014,” and concluded that “The Defendant would start construction by April 20, 2014.”

However, in fact, the Defendant did not have any intention or ability to make construction work until April 20, 2014, because the Defendant did not have been in the state of taking construction works to replace the central boiler with the F apartment 4-5 complex in netcheon-si.

The Defendant, as such, was accused of the victim and received KRW 30 million from the victim under the same day as the down payment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E, G and H;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Determination as to the defendant of the contract and his defense counsel's assertion on the detailed statement, the detailed statement of transaction, the passbook of account deposit, the receipt of cash deposit, and the written contract

1. The summary of the argument is the victim’s guarantee of the victim’s loan to G, and the contract with the same content as the facts stated in the facts of the crime was prepared. However, the defendant merely decided to sell scrap metal discharged from the removal site, such as Maposan and Macheon City I, and it did not specify it as the F apartment construction site in the ruling, such as the facts of the crime. Therefore, there is no intention to commit fraud.

2. The following facts can be acknowledged according to each evidence presented above.

(1) The victim agreed at the investigative agency to sell scrap metal from the Defendant at the construction site of the F apartment in the net city up to this law.

The statements are consistently made.

② At the investigation agency, G, as well as the victim’s and the Defendant’s participation in a high-speed sales contract, specified it as the construction site on the facts constituting an offense set forth in the above sales contract until

The statements are consistently made.

(3) The criminal facts that the defendant has received from G shall be recorded.

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