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(영문) 수원지방법원 성남지원 2009.11.30 2008고단2069
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 2007, the Defendant purchased the victim C and D factory site (hereinafter referred to as "main factory site") from the victim B, and paid the down payment, and received the registration of ownership transfer for the main building site at the same time as the remainder payment, and completed the factory construction work on March 2008 by deciding to construct the factory on the main building site prior to the remainder payment.

The defendant, around March 17, 2008, at the Industrial Bank of Gwangju-si in Gwangju-si, the Industrial Bank of Korea located in Gwangju-si, "The defendant can reduce the transfer tax if the defendant withdraws the form of transferring the factory to B by the victim's name. Thus, if the newly constructed construction business operator deposits the factory price of 350 million won in cash of less than 20 million won every day to the head of the Tong, he shall return the factory price by cash until April 17, 2008, and he shall receive the tax invoice from E.

However, the fact was that at the time, E did not pay the construction cost of KRW 430 million, and E did not pay KRW 50 million borrowed from E for the purchase of the instant site, and the F did not pay KRW 200 million, which was urged by the F to pay due to the lapse of the repayment period, and thus, the said F did not intend to return the money even if it was received from the victim, and it was thought that it was used for the repayment of its obligation and the settlement of the construction cost.

As above, the defendant deceivings the victim as above, and obtained 350 million won from the victim and acquired it by fraud.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol (including B's statement statement) of the accused and E;

1. The police statement concerning B;

1. A complaint;

1. The loan certificate;

1. A copy of bankbook;

1. Details of passbook transactions;

1. A contract agreement on construction works;

1. A written confirmation of details of transactions of entrance and departure;

1. Application of Acts and subordinate statutes to a certified copy of register;

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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