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(영문) 인천지방법원 2016.08.11 2015고단7226
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Some of the facts charged were modified to the extent that it maintains the identity of the facts charged and does not harm the defendant's right of defense.

The Defendant is a person who has operated C(hereinafter referred to as “C”).

On April 2009, the Defendant, in Yeonsu-gu Incheon Metropolitan City D on April 2, 2009, purchased land from the victim F to the victim F in Yeonsu-gu, Incheon, on the ground that he received a letter of intent for construction from G, and a securities company received a letter of intent for PF participation, and thus, purchased land can promote the project.

It is well known that he will be aware of.

If the project is carried out, 300 million won will be invested if there is money due to a large amount of profit, good and good collapse.

If so, 20% of the shares will be given and the sales agency will also be given.

“Around May 26, 2009, it received KRW 300 million from the injured party to the Korean Commercial Securities Account of C around May 26, 2009.

However, “A new construction project in Bupyeong-gu, Incheon and about 10 lots of land” is a project that constructs and sells multi-family housing on the 5th underground and the 19th floor above the ground, which requires approximately KRW 84.7 billion at the cost of purchase of land. At the time of the instant case, C (State) G (State) Na I did not receive a letter of intent to participate in the instant project, and thus the funding owned by the Defendant is not final and conclusive. The funds owned by the Defendant are merely KRW 20 million. Although the Defendant did not have any capacity to engage in the said project, the Defendant prepared a financing plan as above to the victim who did not have any capacity to engage in the said project, and therefore, he acquired it by receiving KRW 38.7 billion from the damaged party, as he would have become a sex.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F and J;

1. Some of the witness K’s legal statement;

1. Partial entry of the police statement protocol against K; and

1. Details of deposits without passbooks, certificates of borrowing, notes of commitment implementation, contracts for land purchase consulting services, agreements on real estate trade;

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