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(영문) 의정부지방법원 고양지원 2018.04.26 2018고단589
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 25, 2017, the Defendant is a director of F Co., Ltd. who is the victim E from D real estate located in Suwon-si, Suwon-si.

In F, a corporation F plans a multi-family housing unit, and 50,000 won will be in charge of the construction of a building equivalent to 4.4 billion won per week.

“The phrase “ was false.”

However, the defendant is not a director of F, and even if he receives money from the injured party, he thought that he will use the money as debt repayment, living expenses, etc., and there was no idea to pay the above money to F Co., Ltd. or G, therefore there was no intention or ability to leave the building construction to the injured party.

Nevertheless, the defendant deceivings the victim as above and such deceivings the victim as such, the defendant 10 million won around April 25, 2017 under the pretext of borrowing from the damaged person, and the same year.

4. 26. Minority KRW 10 million, and the same year.

5.10,000,000 won around October 10, and the same year.

5. Around November 1, 2000 won was remitted to an account under the name of each of the Defendant.

Accordingly, the Defendant was given a total of KRW 50 million over four occasions by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to E, H, I, and G;

1. Application of Acts and subordinate statutes to notify the execution contract, joint development contract of each prop, details of account transactions, and cancellation of a contract;

1. The reason for sentencing under Article 347(1) of the relevant Act and Article 347(1) of the Criminal Act regarding criminal facts is that the Defendant had a history of criminal punishment several times including imprisonment for the same kind of crime, and that he/she acquired money by misrepresenting a construction company’s officer through deception, thereby committing the instant crime even though he/she was punished by a fine of KRW 5 million on March 7, 2017.

Although the extent of damage is not so significant, it did not reach an agreement with the victim, and made efforts to recover the damage.

There are no circumstances to see.

The defendant is not in good condition after committing the crime, such as refusing to comply with the request of an investigative agency for attendance and having an escape life for a considerable period and being arrested.

(b).

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