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서울중앙지방법원 2018.09.19 2018고단2143
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant did not have the business right of the building project in Dongdaemun-gu Seoul Metropolitan Government (hereinafter referred to as the “D shopping mall construction project”), but caused money due to personal debt, etc., and was committed as if he had the right to operate the new building project in Dongdaemun-gu Seoul Metropolitan Government, and tried to acquire money under the name of investment money.

On May 2, 2016, the Defendant is required to pay deposit money to the victim H in F office operated by the Defendant on the 17th floor of the Gangnam-gu Seoul E building, and to pay KRW 200 million to the victim H in order to receive loans of KRW 150 billion from project financing, as the Defendant’s project construction project of approximately KRW 21 on the 6th floor underground floor of the Dongdaemun-gu Seoul Metropolitan Government D building is in progress, which is approximately KRW 250 billion on the 6th floor of the building underground of Dongdaemun-gu building.

The principal shall be returned one month after the loan of KRW 150 billion on the investment account of the investment account, and the total amount of KRW 800 million shall be paid after two months after the investment profit.

“The phrase “ was false.”

However, in fact, the defendant did not have the ability to carry out the business because he did not receive the D commercial business, and even if he received KRW 200 million, he did not have any intention to use it for project financing.

On May 2, 2016, the Defendant received 200 million won from the injured party to the account of the Suhyup Cooperative Federation in the name of F under the pretext of investment deposit around 15:46.

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

Summary of Evidence

1. Statement by the defendant in court;

1. H statement protocol;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of evidentiary materials by witnesses);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the confession, agreement, and records of crimes, etc. after 209);

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