(영문) 의정부지방법원 2019.03.14 2018고단218

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.03.14 2018고단218

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On January 15, 2017, at the Defendant’s office located in Geumcheon-gu Seoul Metropolitan Government building C, the Defendant concluded a contract for the installation of a solar power plant with the victim, namely, at the victim’s seat, to the effect that “If the Defendant pays the money that he/she owns as a part of the cost for the construction of solar power plants, he/she shall raise the remainder of the construction cost, and newly constructs this solar power plant by May 14, 2017, and then transfers its ownership to the Party, but the ownership of the remainder of the land excluding the 1,500 square meters of the site for solar power plants among the above land shall be owned by the Party.”

However, the defendant thought that most of the construction costs received from the victim will be used as operating expenses of the above state E, and there was no intention or ability to complete the construction of the solar power plant.

However, on January 26, 2017, the Defendant received 219,925,000 won from the victim’s account in the name of the Defendant.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of witness G;

1. Plans for the installation of solar energy and land sales;

1. A standard contract for private construction works;

1. Application of Acts and subordinate statutes on financial transaction data;

1. Determination of the relevant Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the criminal facts and the assertion of the defendant and his/her defense counsel

1. The summary of the argument is that when concluding a new construction of solar power plants in this case and a land sales contract with the victim, the defendant provided the victim with the land for the above power plant as a collateral and requested the victim to use it as reserve funds, such as the commencement fee of the construction of solar power plants and the operation fee of the management committee in the solar power plant and the operation fee of the management committee in the electricity company. With the victim's consent

In addition, solar power plants.

참조조문

-형법 제347조 제1항

유사 판례

-의정부지방법원 2019.03.14 2018고단218

-대구지방법원 2021.01.14 2020가단120674

-대전지방법원 2017.06.23 2016가단225244

-서울북부지방법원 2019.11.07 2019가합24135