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(영문) 전주지방법원 남원지원 2017.10.10 2016고단233
사기
Text

The punishment of the accused shall be determined by two years and six months of imprisonment.

Reasons

Punishment of the crime

On July 2015, the Defendant tried to build H apartment units on the surface of 20 lots, other than the former Chang-gun G, and 20 lots, at the victim E office in Gwangju-gu, Gwangju-gu.

400 million won was said to be 50% of the earnings on the face of investment.

On July 21, 2015, the Defendant entered into an investment contract with the victim on July 21, 2015, and included a special agreement to the effect that the investment money should be used only as business expenses for the new apartment construction project of a regional housing association at the victim’s request, and that the investment money should not be used for purposes other than for purchase deposit for the project site, authorization and permission (design) cost and district unit planning procedure.

However, at the time of fact, the defendant was liable to pay a minimum amount of 60 million won or more, and some creditors urged to pay the defendant's debt, and there was a need to prepare a separate criminal case agreement amounting to KRW 100 million, and thus, the defendant was intended to use some of them to pay the above debt and to pay the agreed amount.

However, the Defendant, while hiding these facts, committed as if all of the investments were to be used for the new apartment construction project of a regional housing association, concluded an investment contract as above.

Ultimately, the Defendant, by deceiving the victim as such, and deceiving the victim as such, and under the pretext of investment from the damaged person, KRW 270 million around July 22, 2015, the same year.

8. On November 1, 198, KRW 130 million, each of which received money from the Defendant to the Agricultural Cooperative Account (J) in the name of the limited company I operated by the Defendant, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of the witness K and F;

1. Each report on investigation;

1. A cash investment contract, a contract for the execution of a new construction project of H apartment, a detailed inquiry of each case of the results of transfer management, a detailed statement of cash investment amount, and an inquiry of the results of transfer management (On the other hand, the defendant is a new counsel on October 3, 2017).

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