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(영문) 인천지방법원 부천지원 2018.09.21 2017고단3069
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

[2017 Highest 3069] Around June 7, 2012, the Defendant purchased and developed a 39,670 square meters (12,00 square meters) of land E and 39,670 square meters (per 12,00 square meters) to the victim in Dacheon-si apartment B apartment district in Seocheon-gu, Chungcheongnam-gu, Chungcheongnam-gu. Around June 7, 2012. If the Defendant borrowed the name F and purchased the said land, he/she may obtain loans from the bank at a cost of KRW 18 billion. Upon receiving the loan, 12 billion from the purchase price of the land, 3.8 billion won can be deducted from the purchase price of the land, including KRW 1.2 billion, the loan interest amount, KRW 600,000,000,000,000,000 won for financial expenses

A false statement was made that the amount to be used, such as street funds, expenses, etc., is required to take precedence over the loan, and thus, would be returned immediately if the loan is not granted or it is impossible to implement the loan.

However, at the time, the Defendant had no particular property, and there was no sufficient financial ability to purchase the above land, and there was no intent or ability to proceed with the development project through bank sphere loan, and it was thought that the Defendant would receive money from the injured party, such as living expenses, entertainment expenses, etc.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) issued a letter of KRW 10 million on the same day to the victim; (c) received KRW 10 million on several occasions from June 10, 2012 to June 20, 2012; and (d) obtained a letter of KRW 5 million on the check in front of the victim on June 22, 2012 and acquired it by fraud.

[2018 Highest 336] On November 12, 2014, the Defendant paid KRW 1 million to the victim G as the down payment for the operation of a tombstone, tombstone, tombstone, turd, etc., in a fluent mountain located at the original city designated on November 12, 2014. The Defendant made a false statement that the remainder KRW 9 million will be paid immediately after the completion of the operation, if he receives working expenses from H.

However, at the time of fact, the defendant has a debt equivalent to about 45 million won, and even if he receives graveyard work expenses from H, he has the debt.

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