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(영문) 인천지방법원 2016.03.02 2016고단33
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On September 17, 2014, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Incheon District Court, and the above judgment became final and conclusive on the 25th of the same month.

1. On May 6, 2012, the Defendant would create a down payment of KRW 13 billion to the victim A who prepares a bid for the guarantee construction work for the Seongdong-gu Seoul building redevelopment office for the building BA in Ulsan-gun, Ulsan-gun, a Ulsan-gun, for a bid contract.

If the tender is known, it means that the money received on the same day shall be returned.

However, in fact, the defendant did not have the intention or ability to create 13 billion won bid down payment to the victim.

Around May 17, 2012, the Defendant: (a) by deceiving the victim; and (b) received KRW 20 million from the bank account (BC) in the name of the Republic of Korea (BC) around May 17, 2012.

2. On March 27, 2014, the criminal defendant against the victim BD is working for the victim BD to gather one part of the bF restaurant located in front of the exit of Yeongdeungpo-gu Seoul Metropolitan City subway BE station No. 7, Seoul, and the part of the bF restaurant that "(V) is the representative of the corporation, and the part of the bbbbol money, which has the property of which the 200 million number of Seocho-gu, Chungcheongnamnam City, and the 11th loan of the 20th loan out of 1

35 million won will be paid KRW 135 million on the face of investment.

“.....”

However, the defendant did not have the intention or ability to pay the above KRW 135 million to the victim with the above real estate loaned by the defendant.

As above, the Defendant was issued KRW 20 million in total by deceiving the victim and receiving KRW 15 million from the victim under the name of the Defendant Company I (P) on March 28, 2014 and KRW 5 million on April 4, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police concerning the BD or AZ;

1. A certificate of deposit in a passbook, the I SBA deposit account transaction statement, and the detailed statement of free savings deposit transaction statement;

1. Before judgment:

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