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(영문) 인천지방법원 2018.06.27 2017고단9590
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment for fraud at the Incheon District Court on November 1, 2017, and the judgment was finalized on April 6, 2018.

[2] Around August 2015, the Defendant stated that “Around Seoul Gangnam-gu, 2017 High Court Decision 9590, 2015, the Defendant made a false statement to the victim B, stating, “A bank-related parties, who are well aware of within the Republic of Korea, will obtain a loan of KRW 2 billion in the name of C by requesting that they have a bank-related parties, and thus, would have received a loan of KRW 2 billion in the name of C, which would change working expenses to be used for appraisal expenses.”

However, the defendant had no intention or ability to obtain a loan of KRW 2 billion from a financial institution because he was well aware of the fact, and even if he received money from the injured party, he was thought to be used as the defendant's living cost and the repayment of existing debts.

The Defendant received 35 million won from the injured party to the one bank account (E) in the name of D.

The Defendant, around July 7, 2010, 2018, 2308, cultivated plastic agricultural products in Seocho-gu J, the land located in the Seocho-gu Seoul Metropolitan I Housing Complex, which is located in the Seocho-gu Seoul Metropolitan Government I Housing Complex, by the victim H in the real estate office located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Government Government on July 7, 2010.

As the greenhouse is admitted to SH Corporation, it has been transferred the right to move into the commercial building in the complex from SH Corporation.

A false statement was made to the effect that the occupancy right is to be transferred to the effect that “the purchase price of KRW 30 million is changed.”

However, even if the defendant received money from the injured party, he did not have the intention or ability to transfer the right to move into the victim.

Nevertheless, the Defendant, as such, by deceiving the victim, received the delivery of KRW 30 million from the damaged party (section 3 of the KRW 10 million Check) from the damaged party.

Summary of Evidence

1. Previous convictions: Reference to summary information of the case and attachment of criminal records to the defendant's judgment "2017 Heights 9590";

1. Statement by the defendant in court;

1. B Protocol 2018, 1.308, 2308, 2308, 201.

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