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(영문) 서울북부지방법원 2012.10.12 2012고단543
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who establishes and operates a real estate development business chain D.

On March 19, 2008, the Defendant made a false statement to the victim G, “F” at the center of “F,” located near the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, that “If the Defendant lends money to the victim G, he would be able to receive the civil engineering works during the construction of the Taean Enterprise City, which is promoted at the port construction, he will grant the right to operate the restaurant at the construction site, and will repay in full the principal within one year, and then will make 100% of the principal interest as interest.”

However, on January 1, 2008, the Defendant contacted with the person in charge of Taean Enterprise Urban Construction Co., Ltd., but even if he did not reach an agreement on subcontract for civil works, it was merely prepared for the development of tin acid around it, and thus there was no possibility of receiving the said civil works. In addition, there was no particular property or revenue at the time, and even on February 1, 2006, the real estate development business operator established and operated the real estate development business operator D, but there was no intention or ability to pay the principal and interest, even if he received money from the victim, the Defendant did not have the right to operate the restaurant at the place of the said civil works, as it was 250 million won due to the aggravation of financial status from that time, and there was no obligation or ability to pay the principal and interest.

The Defendant, as such, deceiving the victim and deceiving him as such, shall make up for the loan from the victim on March 21, 2008 and the same year.

3. 26. 3 million won, and the same year;

8. 5. 20 million won, February 4, 2009, and the same year;

3. The remittance was received on a total of 140 million won, including 50 million won;

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement about G and H;

1. The description of each part of the protocol concerning the examination of the accused by the prosecution (including the part concerning the statement to theG);

1. The protocol of prosecutorial statement concerning H;

1. Protocol of the police statement concerning G;

1. Copies of remittance passbooks; and

1.A loan of 140 million won with respect to a bareboat restaurant in the investigation report.

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