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(영문) 의정부지방법원 2018.11.15 2018고단1673
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal records] On September 6, 2017, the Defendant was sentenced to a suspended sentence of ten months for a crime of breach of trust, etc. at the District Court of the Republic of Korea, and the judgment was finalized on March 15, 2018.

[2] The Defendant, from around 209, acquired profits from the market price by selling the real estate to the injured party B and C after purchasing ordinary real estate from around 2009

The term "refluentness" and "refluent money" have been repaid with money under the pretext of using it in the purchase price of land.

On April 201, the Defendant owned approximately 400 square meters of land F in Pyeongtaek-gun E in a restaurant located in Gyeonggi-gun, Gyeonggi-gun on April 201.

The above land is worth KRW 2 million per square, and KRW 80 million per square, and the value of the land is expected to be double the value of the land in the future.

B. If investment of KRW 400 million is made to B, it will sell the above land and pay half of the profit by obtaining profit from the market price.

“The phrase “ was false.”

However, in fact, the Defendant was in the status of establishing a collateral security equivalent to KRW 560,000,000,000 for the above land as a person with the lower right to the G association. As such, the Defendant could not pay the proceeds through the sale and purchase of the above land. At the time of the instant case, the Defendant was in a situation where the Defendant had to make a change in the liability of KRW 2 billion or more, and thus, the Defendant did not have any intent and ability to return the proceeds

As above, the Defendant, by deceiving the victims, received KRW 360 million in total from the victims to H bank account in the name of the Defendant, including KRW 100 million on July 1, 201, KRW 1776 million on September 8, 2011, KRW 224 million on September 22, 2011, and KRW 60 million on November 3, 201, and KRW 60 million on November 3, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (including the B’s statement);

1. A written statement (Investigation Records, No. 882);

1. Copy of each letter or each payment order;

1. A full certificate of registered matters (F);

1. Resident registration card;

1. Credit information:

1. A detailed statement of entry and withdrawal transactions (I);

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