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(영문) 전주지방법원 2014.09.30 2014고단597
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Criminal facts

On February 2, 2012, the Defendant presented a false apartment construction plan, a false apartment construction contract, etc. to C, D, and E, and concluded a contract for the purchase and sale of the apartment site in the Yansan-gu Peacedong-gu, Jeonju-si, and said that the Defendant would pay the balance of the land purchase and sale after selling the mountain ginseng owned by the Defendant.

In this regard, the Defendant established a limited liability company F along with the above C, D, and E, and proposed that he was defective in the construction of apartment buildings in the above Peacedong Team, and C, D, and E, which trusted the Defendant, established a limited liability company F with the Defendant.

On May 10, 2012, the Defendant issued a false apartment construction plan, and presented a false apartment construction plan, mountain ginseng sales contract, etc. to J, the managing director of the victim-based limited liability company I, introduced from C, “Hk Center,” which was introduced from J on May 10, 2012, stating that “The balance of the purchase and sale of the land of peacedong apartment site falls short of KRW 300 million, and if the Defendant borrowed it, it would immediately repay the mountain ginseng owned within the territory of the Republic of Korea.”

However, there was no fact that the Defendant entered into a contract for the sale of the building site in the Peacedong, and there was no intention or ability to repay even if the Defendant borrowed KRW 300 million from the victim.

On June 4, 2012, the Defendant, by deceiving J, received KRW 300 million from the victim’s agricultural bank account from F, a limited liability company’s agricultural bank account (K) to account transfer.

Accordingly, the defendant was ordered to receive property from the victim by deceiving J.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect examination of the accused, D, C, and E by prosecutors;

1. Each police statement concerning L, the prosecutor's office's protocol, the J, M and N;

1. Each investigation report and evidential materials attached thereto;

1. Application of Acts and subordinate statutes to a sales contract of Gyeyangsan Ginseng, all of the registered matters, a copy of each passbook, a payment certificate, a business registration certificate, a F corporation passbook, each real estate sales contract, and Gyeyang Ginseng

1. Criminal facts;

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