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(영문) 대구지방법원 서부지원 2017.05.12 2016고정745
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 16, 2015, the Defendant is implementing the creation of a general industrial complex in the Filyang-gu Filyang-si Fridong Office in the Daegu Suwon-gu Office, Daegu-gu around February 16, 2015, and the victim E is required to pay KRW 20 million.

If the person lends this money, he/she will subcontract the construction of the front earth retaining wall to the Corporation, and the borrowed money will be repaid by the bank within one month with the borrowed money borrowed from the bank.

“A false statement” was made.

However, on December 1, 2014, the Defendant agreed with G to pay KRW 5.1 billion to H as a joint business proprietor, and agreed to receive the business license of I General Industrial Complex Construction Corporation, which was developed by the KF H, but the Defendant did not have any intent or ability to repay the above money to the victim, since the acquisition contract was automatically terminated within 60 days from the date of conclusion of the contract, and the above acquisition contract was automatically terminated, it was performed as if the above general industrial complex development project was being implemented. The victim did not have the ability to give a subcontract for the above general industrial complex development project, and the victim did not have the ability to obtain a loan clearly from the bank within one month from the date of borrowing.

As above, the Defendant: (a) by deceiving the victim as above; (b) received 12 million won from the Daegu Bank Account under the name of the Defendant on February 16, 2015 to the Daegu Bank Account under the name of the Defendant; and (c) received 6 million won from the Daegu Bank Account under the name of the J; and (b) received 20 million won in total from the delivery of 2 million won in cash.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a criminal investigation report (including details of financial transactions remitted the amount of damage), investigation report (a written statement, etc. accompanied by a criminal complaint), investigation report (K telephone call for a witness), investigation report (a witness L telephone call), investigation report (referring to a witness K telephone statement), investigation report (referring to a witness K telephone statement), and investigation report (referring to a witness M

1. Criminal facts;

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