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(영문) 춘천지방법원 속초지원 2016.06.15 2015고단647
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On July 22, 2015, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for fraud, etc. in the early branch of the Chuncheon District Court on July 22, 2015, and the judgment was finalized on July 30, 2015.

[Criminal facts] The Defendant does not have a freezing store in the mutual infacs shop in Gangdong-gu Seoul Metropolitan Government, on June 9, 2014, and there is no freezing warehouse in Gangwon-do.

If he/she has a freezing warehouse in the Gangnam-gun K of Gangwon-gu, he/she may stay in the Republic of Korea.

The down payment for the above freezing warehouse site is KRW 40 million and the freezing warehouse design is changed to prepare civil engineering design for the freezing warehouse site. A loan of KRW 200 million shall be immediately received and a loan of KRW 200 million shall be paid, and even if the authorization and permission is not granted, KRW 200 million shall be paid at the latest until 2014.

“A false statement” was made.

However, as above, the Defendant did not have any property at the time, but did not have any property at the time, and was bound to entirely borrow the purchase price of the land of KRW 830 million, the construction price of KRW 13 billion, or depend on the loan secured by the said land. Since the authorization or permission on the said land was not confirmed, in light of the Defendant’s financial capacity, etc., it did not have any intent or ability to repay the borrowed money to the victim as the Defendant promised to conduct the business normally after purchasing the said land later, in light of the Defendant’s financial capacity, etc.

On June 9, 2014, the Defendant had the victim deliver KRW 40 million to C as the down payment to the seller of the above land, and acquired it by obtaining the delivery of a freezing civil engineering design of the market price (for the victim's assertion: KRW 120 million) from the person who was injured by the police in September 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Property of investigation reports (related to attachment of civil engineering and design service contracts submitted by the injured party), investigation reports (attached Form design drawings of freezing storage as to attached documents);

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