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(영문) 인천지방법원 2014.11.14 2014고단4448
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

On August 19, 2010, the Defendant was sentenced to a suspended sentence of imprisonment with prison labor for four months at the Incheon District Court for fraud, and on June 2, 2011, the said judgment became final and conclusive.

On August 3, 2010, the Defendant stated that “The representative director of the F Center in charge of overall management of the project for the development of the Songdo Center” is the victim in the office of the victim E's office located in Bupyeong-gu, Seocheon-gu, Seoul Special purpose Corporation should be established in order to carry out the project for the construction of the Yeonsu-gu Incheon Metropolitan City Songdo apartment, which is developed to raise the project cost for the development of the Songdo Center. The Defendant established a special purpose corporation and made it possible to participate in the implementation and construction of the said apartment construction project, which is KRW 50 million as the capital of the establishment of the special purpose corporation.”

However, in fact, in order to create G around 1990, the defendant did not transfer the work experience related to construction work in addition to the performance planning and direction, and to participate in the project implementation of the Incheon Yeonsu-gu apartment construction project developed to raise the project cost for the building project of the Incheon Songdo Center, the defendant must establish a special purpose corporation for the implementation of the above apartment construction project in consultation with the Incheon city, the owner of the land, but the defendant did not have any intention or ability to establish the above special purpose corporation because he did not have any consultation about the establishment of the above special purpose corporation, and was thought to have used the above special purpose corporation for the personal purpose, such as collecting money from the victim as the expenses for the establishment of the above special purpose corporation.

Nevertheless, the Defendant, by deceiving the victim as above, received 50 million won from the victim to the bank account under the name of the F Center operated by the Defendant, which is an incorporated association of the Defendant on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A written complaint, a written confirmation on payment without passbook, a certificate of borrowing, and a certificate;

1. A previous conviction in judgment:

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