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(영문) 청주지방법원 충주지원 2017.05.19 2016고단868
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 27, 2013, the Defendant: “F, a temporary office located in Chungcheongnam-gun Co., Ltd., Ltd., a victim E, a proxy at the scene, newly constructed a D logistics freezing warehouse in one parcel of land, the Defendant would receive loans from a financial institution and pay the construction cost,” and “F, around May 7, 2013, at the same place, determines the amount of a bank loan to be KRW 4.5 billion, to prepare a draft contract to meet the price, and “the bank will complete the loan if it is submitted only to the bank,” and “F, on May 23, 2013, would have been working at the bank, to pay the construction cost, to which money would have been carried out in one column,” and at the same time, to the effect that it would not change the construction work cost due to a decision to pay all the construction cost related to the above construction work.”

However, the defendant had no intention or ability to pay the above amount after receiving the loan due to lack of qualification after filing an application for the loan with the bank at the time.

The Defendant, as such, deceiving the victim and deceiving the victim, from June 13, 2013 to the same year from the victim.

8. By the time of February 23, 200, the construction price of the said goods warehouse was not paid KRW 47 million after having the said goods warehouse constructed.

In this respect, the defendant, by deceiving the victim, has acquired approximately KRW 47 million of the construction cost, and has acquired pecuniary benefits equivalent to KRW 47 million.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. The president of the H’s complaint;

1. Proxy letter or certificate of seal imprint;

1. All certificates of each registered matter (stocks conference E, stock company D);

1. A standard contract for construction works, a certificate of permission for development activities, a written contract for partition of jointly-owned property, a plan of partition survey performance, a report on commencement of construction works, an estimate of construction cost and a written claim;

1. Business registration certificate (stock company D);

1. Written estimate;

1. Dust;

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