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(영문) 인천지방법원 부천지원 2019.02.15 2018고단832
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 201, the Defendant: “Around Bupyeong-gu, Incheon Metropolitan City Council member (“C Council member”) requested that the land be sold as KRW 100 million for investment; “Ab shall not live a large amount of KRW 100 million; and, at the same time, the Defendant invested a large amount of KRW 100 million in E-gu and one hundred million in the building business, and sold the land in the Chungcheongnam-gu, Chungcheongnam-gu, Incheon.”

At the time, the Defendant and the above E purchased the land located in Jin-gun for KRW 300 million (hereinafter in this case), but as the victim promised, there was no economic ability to actually invest KRW 100,000,000 as the victim promised, and in addition to the amount of the victim’s investment, the Defendant and the above E are liable to receive a loan (19,000,000 won) from a financial institution under the name of the Defendant as security and pay the purchase price

In addition, at the time, the defendant or the above E did not have a certain amount of income, and the bank balance of the defendant was approximately KRW 3.70,000,000,000,000,000,000,000,000,000 won from 201, and, even if the above land was loaned as collateral, it was economically difficult to lend the above land to another person, and thus, if the land of this case is not sold immediately at a lower price than the purchase price, the land of this case can be sold by auction.

Nevertheless, the Defendant concealed the fact that the purchase price should be provided as collateral to a financial institution, and then fraudulently stated as if the Defendant and E directly make an investment in 100 million won each by the Defendant and E to purchase the instant land, and then, he/she received KRW 50 million from the victim to the corporate bank account in the name of the Defendant on June 13, 201, and received KRW 50 million from the victim on the same account on August 5, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each prosecutorial suspect interrogation protocol D and E against the defendant.

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