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(영문) 인천지방법원 2017.11.16 2016고단7911
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 12, 2016, the defendant was sentenced to two years of imprisonment with prison labor for fraud at the Incheon District Court, and the above judgment became final and conclusive on the 20th of the same month.

On June 2009, the Defendant had the victim D implement the removal and construction of the E-factory building located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon.

It is intended to place an order for the removal, design, and civil engineering of the above E site if it is lent to it.

The phrase “ makes a false statement.”

However, at the time, the Defendant did not have the right to remove the said E site, so even if receiving money from others, the Defendant did not have the intent or ability to exercise the right to remove, design and civil engineering of the said E site.

The Defendant received from the injured party the money of KRW 20 million on July 21, 2009, KRW 10 million on July 22, 2009, KRW 13 million on August 14, 2009, and KRW 500,000 on September 5, 2009, respectively, from the Defendant’s account in the name of F, the Defendant’s wife.

Accordingly, the defendant deceivings the victim and defrauds the sum of 43.5 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and G respective legal statements;

1. A protocol concerning the examination of the suspect against the defendant (excluding the 134 pages);

1. Investigation report (to hear statements by witnesses H);

1. Written statement of the loan (2);

1. Previous convictions: The results of inquiry, investigation reports (the report on the confirmation of the case of false fraud), each written judgment [the defendant will purchase the above E site by the victim D;

In the process of promoting this, it is asserted that the above money was not paid to the victim on the condition that the victim would be ordered to remove the above site, such as the above facts charged.

According to the investigation report (to hear witness H’s statement), when the defendant sells a site E, the above site will be sold.

First of all, contact has been made, several questions have been introduced, including victim D, but there have been no sexuality, and the victim is among the suspect interrogation protocol against the defendant.

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