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(영문) 수원지방법원 안산지원 2015.05.28 2014고단3138
사기
Text

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

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

Reasons

Punishment of the crime

On October 29, 2012, the Defendant purchased H and I land as a factory site, indicating the (ju) factory site plan and sales contract, to the victim G, who had contacted with the Defendant, who had posted the Defendant on the (ju) E office located in Ansan-si, Ansan-si, that “if the Defendant lends KRW 40 million to F, he will repay KRW 100 million within one month” posted on the Internet next car page.

already paid KRW 500 million out of the land price;

approximately KRW 10 million as design cost, KRW 38 million as incidental expenses, and KRW 10 million as expenses;

to pay KRW 100 million within two months;

The phrase “the meaning was false.”

However, in fact, the Defendant was not prepared for the business, such as the fact that he paid the land price at all in relation to the above land, and there was an explanation that it is difficult to grant a loan without purchasing the land from the Korea Credit Guarantee Fund, and there was no intent or ability to repay the loan even if he/she borrowed money from the victim due to the absence of any particular property.

The Defendant, as such, was accused of the victim and received KRW 50 million from the victim on October 31, 2012 as design expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to investigation reports (teleline Survey), certified copy of register, business registration certificate, certificate of personal seal impression, complaint, land sales contract (No. 10,17), notarial deeds, business plan, content certification, and full certificate of registered matters (No. 20);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommending sentence] general fraud (less than KRW 100 million) and circumstances unfavorable to mitigation area (one to one year): Land sales contract which has not been concluded normally with a business plan that falls short of feasibility of the defendant.

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