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(영문) 창원지방법원 통영지원 2016.05.26 2016고단284
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 4, 2014, the Defendant was trying to construct a studio 3 dong in the Y, a building company around July 4, 2014, and the provisional attachment was established on the above land, and the construction is not underway.

If a person lends KRW 80 million, he/she will use it to cancel the provisional seizure and pay the money until December 10, 2014.

In addition, the studio 2-dong and the site for the building of the studio 3-dong on the above land are new, and the studio 1-dong are defective. Instead, the 50 million won when the construction starts under the pretext of settlement of accounts, and the 100 million won before the receipt of the completion documents, shall be paid respectively.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, at the time of fact, the Defendant had already been liable for the amount of KRW 416 million since the operating status of the company installing the ship pipeline operated by himself was not very good. The Defendant was unable to pay the said company’s wages and retirement allowances to its employees. Therefore, the Defendant borrowed the above KRW 80 million from the injured party, and even if the victim completed the studio 1 in the Defendant’s share, there was no intention or ability to pay the victim the borrowed amount of KRW 150 million.

Nevertheless, the Defendant received one sheet from the injured party on July 4, 2014, which issued KRW 80 million, and had the injured party complete the said studio 1 Dong around June 2015, and acquired a total of KRW 230 million property interest.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against X;

1. A complaint;

1. Application of Acts and subordinate statutes to letters, trade contracts, certificates of full registration, and copies of bankbooks;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. The basic area (one to four years) (one year) of the sentencing criteria [the scope of the recommended punishment] and the basic area (the amount shall be not less than 100 million won, and less than 500 million won) of the general fraud; and

2. The victim is entirely the victim, even if the specific amount of damage caused by the sentencing is equal.

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