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(영문) 서울북부지방법원 2015.05.22 2014고단1571
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 13, 2012, the Defendant stated that “The Defendant would have the victim C try to construct a factory in the Seoul metropolitan area D and E two lots in the vicinity of the Cheongju Station located in the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, and that “If the construction cost is leased in 12 million won, the Defendant would allow the said two lots to perform civil construction works in an amount of KRW 300 million, and would be able to undertake construction works by paying KRW 50 million in advance at the end of July 2012.”

However, the Defendant did not prepare approximately KRW 50 million for construction and civil engineering design costs for the instant factories at the time of bad credit standing after October 2010, and the only financing method was to obtain a loan by the financial company as security. However, the said land had already been set up a collateral security right of KRW 1.1 billion for the maximum debt amount and KRW 7.5 million for the real debt amount, and the officially announced land price of the land was merely KRW 200 million, so even if the Defendant received KRW 12 million from the victim, there was no intent or ability to receive KRW 30 million for the victim, even if it was received KRW 12 million from the victim, to contract the civil engineering work with the victim and to pay KRW 50 million for the advance payment from July 2013.

The Defendant received a total of KRW 12 million from the victim to the account of community credit cooperatives (G) in the name of the Defendant on two occasions in terms of expenses related to the above Corporation on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. A statement prepared by H;

1. A detailed statement of entry and withdrawal transactions;

1. Application of the standard subcontract agreement for construction works, each investigation report (Evidence Nos. 16,34), all the registered matters (Evidence Nos. 22);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Each evidence of the reasons for sentencing of Articles 70(1) and 69(2) of the Criminal Act with respect to detention in a workhouse.

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