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(영문) 인천지방법원 부천지원 2020.05.07 2018고단2402
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2015, the Defendant made a false statement to the victim D at the office of the Co., Ltd. Co., Ltd. (hereinafter referred to as “C”) located in Seocheon-si B and II (hereinafter referred to as “C”), stating, “The Defendant has the right to operate the construction site and the right to select a restaurant operator at the E-Ground E-Ground (hereinafter referred to as “instant construction”). From July 30, 2015, the Corporation began to operate from July 30, 2015, so that 50 million won may operate a restaurant at the construction site at the site of the Corporation.”

However, in fact C did not have a business right since it was before filing an application for the instant project concerning the instant construction project, and was unable to submit to the competent authority the supporting materials that prove that the business right, such as transfer and acquisition by the business entity, was acquired by transfer from the business entity, so it was not clear that the business right will be definitely held, and it was possible to obtain approval for the project financing by the Korea Housing Guarantee Co., Ltd., but did not obtain such approval. As such, the instant construction was resumed as agreed by the Defendant, and there was no intention or ability to allow the victim to operate the restaurant at the construction site.

Nevertheless, the Defendant, by deceiving the victim as above and deceiving it from the victim, was KRW 10 million at the Bank of Korea account (Account Number:F) in the name of C around June 19, 2015, and the same year.

7. Around October, 100, a total of KRW 50 million was remitted and acquired through deceptions.

Summary of Evidence

1. Entry of the defendant in part of the protocol of the 11st trial;

1. Statements and records of a witness G (four times) and H (eight times) in the protocol of the trial;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Investigation report (a case introduced to the complainant for the introduction of the defendant and a non-permanent call other than the case);

1. Receipts:

1. A contract for operating a brine restaurant;

1. A letter of undertaking to operate a cafeteria;

1. A written contract for acquisition of equity shares;

1. According to each evidence in the judgment of the Governor of Jeollabuk-do, this is examined.

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