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(영문) 대전지방법원 서산지원 2017.12.01 2017고단867
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around August 2016, the Defendant decided to entrust the victim D with civil engineering works equivalent to KRW 1.1 billion in the land E in Boan-si, Seoul Special Metropolitan City around August 2016.

Upon the completion of the civil works, two parcels of the above land were received from F, the land owner, as substitute material, and the false statement was made that the name of the above two parcels of land will be harmed in the name of the injured party on the loan of KRW 100 million for the costs of the civil works, and that the container was brought to the above land without permission of F, making the injured party believe that the victim would have been able to actually construct the above land.

However, in fact, the Defendant submitted a written estimate of civil engineering works to F, the owner of land E, and did not have concluded a contract with F, and even if receiving money from the injured party, it was merely thought that it was used as the construction cost of the construction site of the Gyeongbuk-gun, Chungcheongnam-gun, Chungcheongnam-do, which is not related to the said civil engineering work, and there was no intention or ability to repay the said money to the injured party on the ground that there was no good credit condition, such as there was a national tax amounting to approximately KRW 21,490,00,000 at the time.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the total sum of KRW 100 million from the victim on August 25, 2016, and KRW 50 million on August 26, 2016, from the Defendant’s wife G account in the name of the Defendant’s wife G account; and (c) acquired such money by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or I;

1. Application of Acts and subordinate statutes governing financial transactions, such as a copy of confirmation, a copy of a loan certificate, a written estimate, each investigation report (not more than 52 pages, not more than 5 pages, not more than 65 pages, not more than 61 pages, not more than 63 pages), credit information replies, a detailed statement of deposit transactions, and inquiries about details

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that there is no record of punishment exceeding the same criminal record or fine.

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