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(영문) 인천지방법원 2014.07.09 2014고단2818
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 25, 2010, the Defendant issued a false statement to the victim B, stating that “B shall have to pay the project funds to the victim, who is the President of the U.S. K. T. K. K. K. K. K. K. K. K. K., K. K. K., K. K., K. K., K.K., K., K.K.

However, in fact, the defendant did not have the president of the U.S. Engineering, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 55,80,000 in total from November 25, 201 to December 23, 201 from the victim, for the purpose of business funds.

2. On January 6, 2012, the Defendant stated that “B was friendly with the Director-General of the Small and Medium Enterprise Promotion Office, who purchased 6,000 square meters of land located in the country’s factory site at a much higher level than the market price. The Defendant purchased the land at a close price and then borrowed money from the State free of charge as factory operation funds.” The Defendant borrowed money from the State during that period.

However, the defendant did not know at all the Director-General of the Small and Medium Enterprises Promotion Office, did not purchase the land located in Pyeongtaek or plan the factory, and did not have any intent or ability to repay the loan even if he borrowed money from the victim.

Accordingly, the Defendant, by deceiving the victim as above, received a total of 57,000,000 won from the victim from January 16, 2012 to October 5, 2012 as loans necessary for the purpose of purchasing factory sites.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. The application of Acts and subordinate statutes to the name of the current engineering, and to investigation reports (Attachment to details of transactions);

1. Relevant Articles of the Act concerning the facts constituting the crime;

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