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(영문) 수원지방법원 여주지원 2016.09.02 2016고단281
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On February 19, 201, the criminal defendant against the victim B proposed that the victim B procure 11 billion won as a project fund, such as the purchase of the site in the hot spring development project of the leisure city C, etc. that the victim promoted to the victim B at the next Young-si, Young-si, Busan, etc., and made a false statement to the effect that “it is easy to raise investment funds to receive appraisal at the high price of the C site and building, and to receive appraisal, it is necessary to pay KRW 50 million within the share ratio, and to pay KRW 20 million within the share ratio, and to raise business funds by March 15, 201 through an appraiser who would know well before March 8, 201.”

On February 22, 2011, the Defendant continued to establish a corporation to jointly carry out a joint venture development project at the office of “E” located in Dongjak-gu Seoul Metropolitan Government, and with the title “joint business contract”, and entered into a contract with the Defendant to raise the 11 billion won of the site purchase fund up to March 15, 201.

However, even if the defendant received money from the victim, the defendant was thought to use the money individually, and there was no intention or ability to get the appraisal of the real estate, such as credit C, etc.

As above, the Defendant, by deceiving the victim as above, received delivery of KRW 30 million in total, from the victim to the bank account (Account Number:F) in the name of the Defendant in the name of the business bank, as a result of appraisal and assessment expenses, of KRW 10 million on February 25, 201, KRW 15 million on February 26, 201, and KRW 5 million on March 8, 201.

2. On June 2013, the Defendant against the victim G made a false statement to the victim G that “A would have set a high appraisal value through an appraiser who knows that there are many people in the bank, thereby obtaining a loan, in collusion with H to obtain a gas station in order to take over the gas station.”

However, the defendant is guilty.

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