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(영문) 부산지방법원 2016.07.06 2016고정1709
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 23, 2012, the Defendant was sentenced to imprisonment with prison labor of 10 months at the Busan District Court for fraud, etc. and the judgment was finalized on December 1, 2012. On July 25, 2014, the same court was sentenced to imprisonment with prison labor of 1 year and 6 months for fraud, etc. and the judgment became final and conclusive on February 24, 2015.

On December 25, 2011, the Defendant stated that “The Defendant would have been able to immediately prepare and implement the project funds for officetels and new construction of commercial buildings in the Non-Party D, Jung-gu, Busan, and 2,000,000,000,000 won necessary for the project, before January 25, 2012, the Defendant provided the victim C with the Non-Party B, located in the Non-Party D, Non-Party D, and 2,000,000,000 won.”

The Defendant: (a) the amount of KRW 10 million on January 12, 2012; (b) the amount of KRW 5 million on January 12, 2012; (c) KRW 3.5 million on January 20, 201; and (d) the amount of KRW 3.5 million on January 20, 201; and

3. 14. 300,000 won around 14.3 billion won, and the same year.

8. 21. 30,000 won around the 28th of the same month, 200,000 won around the 28th of the same month, and the same year

9.8. received a total of KRW 19.5 million by receiving a remittance of KRW 200,000,000.

However, the fact that the new construction project, which the defendant had been proceeding since 2008, failed to secure funds, such as not receiving a loan from the PF fund, and even if receiving a subsidy from the injured party, there was no intention or ability to leave the model house construction work to the victim as the new construction project itself has not become final and conclusive.

Accordingly, the defendant, in collusion with B, was accused of the victim and received property from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect B of the police;

1. Statement made by the police against C;

1. A copy of each bankbook, a copy of a contract for construction works of model parcels, and a copy of a statement of transaction performance;

1. Previous convictions: Investigative inquiries about criminal history, reporting on the results of previous convictions and reporting on investigation (a copy of the judgment of the same type of crime);

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