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(영문) 부산지방법원 2018.02.21 2017고단5291
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 2, 2013, the Defendant: (a) owned land in Ulsan-gun D in Ulsan-gun; and (b) immediately developed land, the Defendant could stop the entire house and see enormous profits.

If 100 million won is invested, it shall be 200 square meters in total 30 foots

It is intended to open the house of all the people, and to give 2 million won per month as the cost of living.

D. Land development project fund is needed.

“A false statement” was made.

However, the Defendant did not have invested in the purchase of the above land, etc., and the development project for the above land was already interrupted around March 2012. Thus, even if the Corporation received money from the injured party, it was used as expenses for the development project of the land and did not have the intent or ability to keep the entire house from the injured party, and there was no intention or ability to repay the money to the injured party because there was no particular property or income.

On February 13, 2013, the Defendant: (a) by deceiving the victim; (b) received KRW 4 million from the victim, via one bank account (F) in the name of E on February 13, 2013; and (c) received delivery of KRW 15 million in total from 14 times to 20 December 20, 2013, as indicated in the separate crime list.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of suspect interrogation of the police against the accused (including part concerningG statements);

1. Statement of the police statement related to G;

1. Statement made by the police against C;

1. Complaint;

1. The application of the Acts and subordinate statutes on the current status of bank transfer by branch office of modern securities, the confirmation of details of deposit and withdrawal transactions, investigation reports (attached to information on financial transactions in modern securities), summary of the same industry, paper map, response to requests for financial transaction details, all certificates of each registered matter, copies of the account of the E-I Bank,

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing selective punishment of imprisonment [the scope of recommended punishment] general fraud;

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