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(영문) 전주지방법원 2013.04.11 2013고단7
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 15, 2010, the Defendant was sentenced to imprisonment with prison labor for six months at the Gwangju District Court for fraud, and the said judgment was finalized on December 23, 2010.

Around 14:00 on February 20, 2007, the Defendant made a false statement to the effect that, at the second floor E office of the D Building in Gwangju, E was engaged in construction of apartment buildings with a scale of 800 households in the Gunsan City F immediately as soon as he/she would execute construction of apartment buildings in the Gunsan City F, and that, at the victim G, who is a restaurant operator, the restaurant operator, “The construction of an apartment under the Agreement on April 30, 2007, and the construction of the construction of the Gu affairs, is difficult to see whether the construction of the apartment site is due to the fact that there is a construction site of the apartment and the racing is located in the Jeonju.”

However, at the time, the F Apartment Corporation did not proceed with the required project financing loan and does not have been submitted to the competent authorities for the commencement of the project, and is immediately after the Gu administration or immediately after the Gu administration.

4. A situation where construction could not start within 30.30. Furthermore, the construction site such as the Jeonju and the racing did not run entirely, even if the Defendant received money from the victim, he did not have any intention or ability to introduce a construction site to operate a one-time boom restaurant on the date of the agreement.

The Defendant received two copies of the cashier’s checks from the victim, namely, KRW 10 million, from the victim, and received KRW 30 million in total from the name of the Defendant to the Agricultural Cooperative (I) account in the name of the Defendant through H on December 21, 2007.

Accordingly, the defendant was given property to the victim by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the prosecutor's protocol of examination of the accused in the prosecution and G statement

1. A Track restaurant contract;

1. Previous records of judgment: Application of inquiry reports, such as criminal records, investigation reports (A's previous records and copies of judgment) Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act concerning the selection of criminal facts;

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