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Reasons
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(영문) 수원지방법원 2020.05.22 2019고단3165
사기
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 2, 2014, the Defendant: (a) concluded a contract with the land of this case to purchase an apartment of KRW 1,854,00,00,000 on the land of this case, and paid KRW 5,50,00,00 to the victim B at a mutually infinite restaurant located in Suwon-si, Suwon-si; and (b) concluded a contract with the land of this case to purchase the land of this case at KRW 58,50,00,000,000 on the land of this case to the victim B; and (c) said, the Defendant said to the effect that the Defendant would give 10,000,000 won of the profit from the implementation of the project and give 1,000,000 won of the service cost to the victim B.

However, the Defendant concluded a real estate sales contract to purchase down payment of KRW 5,50,000 and the balance of KRW 52,650,000,000 from the same clan, and paid down payment thereafter, but failed to pay the remainder thereafter. On October 26, 2011, the Defendant returned KRW 1,650,000,000 from the same clan and cancelled the said sales contract. On November 201, 201, the Defendant decided to transfer all business rights, including authorization, permission, etc. related to the said apartment sales business, to the (D)F, and received KRW 520,000,000 from the same clan on November 21, 2014 as the down payment, and received KRW 5,000,000 from the said clan on or before May 4, 2015. Therefore, even if the Defendant did not have the right to implement the apartment sales business and received money from the victim for investment in the instant land, the Defendant did not have no intent or ability to perform the PM business.

Nevertheless, on February 5, 2015, the Defendant: (a) by deceiving the victim; (b) let the victim transfer KRW 30,000 to the account in the name of G (State); and (c) transferred KRW 270,000 to the account in the name of C on February 11, 2015.

Summary of Evidence

1. Each police statement made to B and H;

1. A funding investment contract and a written confirmation;

1. D Project PM contracts 1.

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