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(영문) 광주지방법원 2017.09.14 2017고단1096
사기
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A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

In October 2015, the Defendant stated that “The victim F will pay KRW 50 million for construction work within the month following the completion of the molding construction work on the instant land,” the Defendant agreed that “The building will be located in the E office of the operation of D, located in A, which is located in A, which is located in A, which is located in B, and is located in A, in H, 363 square meters (hereinafter “instant land”) in P, which is located in A, which is located in B, and three lots of land outside of H, 363 square meters (hereinafter “instant land”).

However, at the time, the defendant did not pay the interest on the secured debt of the right to collateral security established in the land in this case from June 30, 2015, and the defendant did not have any intention or ability to pay the construction cost even if the victim requested the re-construction of the land due to no particular property.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to perform molding construction works from October 10, 2015 to November 15, 201; and (c) did not pay KRW 50 million for the construction cost, thereby acquiring property benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A certificate of all registered matters;

1. Investigation report (verification of payment details, etc. of interest on the land of this case);

1. An investigation report (in accordance with the above evidence, the statement by the witness) [The defendant purchased the instant land on September 1, 2015, which is substantially operated by the defendant, and the auction was commenced for exercising the security right to the instant land on October 22, 2015 upon application by the NongHyup Bank Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd. Co., Ltd., Ltd. Co., Ltd. Co., Ltd., Ltd. Co., Ltd., Ltd., on October 10, 2015; and the victim completed the construction

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