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(영문) 인천지방법원 2017.09.13 2016고단8494
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 2010, the Defendant introduced the transfer church located in the Seocho-ri, Incheon, which was located in the transfer of 1,653 square meters of land to the victim D, as a good land for the use of E prior to the transfer of 1,653 square meters. The Defendant stated, “The purchase cost of the land is 135 million square meters because the purchase cost of the land is due to the cause of 10,500,000 won, and the purchase cost of the land is made in one half of the purchase cost and the house is developed as a joint site, and the proceeds from the sale of the house is divided one half of the half of the proceeds from the sale of the house.” On July 20, 2010, the said transfer church made the payment of the interest to the victim at the above transfer church, with the payment of the principal on 1% per month.

“A false representation was made.”

However, the Defendant had no property that could be properly disposed of due to the registration of the establishment of the right to collateral security, and the bank loan amounting to KRW 170 million with interest in arrears of KRW 170 million for a year equivalent to KRW 2 billion with interest in arrears of KRW 170 million. In order to repay interest in arrears, even if the amount of loan borrowed from F, the Defendant had no intent or ability to develop the land and distribute the profits or repay the borrowed amount, even if the Defendant received the funds from the damaged person under the pretext of the investment and loan, from the damaged person.

Nevertheless, on July 19, 2010, the Defendant: (a) by deceiving the victim; (b) transferred KRW 5 million from the victim to the account in the name of the Defendant-type G on or around July 19, 2010; (c) transferred KRW 50 million to the account in the name of H designated by the Defendant on or around August 2, 2010; and (d) transferred KRW 50 million to the said G account in the name of the Defendant on or around August 4, 2010, respectively; and (e) transferred KRW 80 million to the account in the name of the Defendant around August 4, 2010.

In this respect, the defendant deceivings the victim, defrauds the 67.5 million won as an investment fund, and defrauds the 100 million won as a loan, by deceiving the 117.5 million won as a sum of 185 million won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of a bankbook or a certified copy of each registry;

1. Application of Acts and subordinate statutes to the specifications, such as deposit transactions, and specifications of deposit transactions;

1. Criminal facts;

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