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(영문) 서울동부지방법원 2017.08.24 2017고단712
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around 10:00 on September 21, 2015, the Defendant is promoting H projects of 170,000 square meters for the Victim E at the office of (State) D operated by the Defendant located in Mapo-gu Seoul, and for the Victim E.

The investor has already inducedd to invest the amount of KRW 1.4 billion, and it will begin immediately.

Until the commencement of construction, 100 million won is required.

The loan of KRW 100 million shall be paid with money up to October 31, 2015, and the above business shall not be paid.

A subcontract shall be made for 300,000 square meters and civil engineering works of not less than 100,000 square meters within a logistics complex.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have entered into a sales contract agreement with the land owner at the time of the commencement of the project, and there was no intention or ability to subcontract to the victim after the commencement of the project due to the lack of the investor's attraction.

In addition, the Defendant borrowed money from the injured party due to the fact that the office rent and the employee did not pay the monthly salary, and most of the Defendant did not intend to pay the money to the injured party for personal use, such as repayment of the Defendant’s debt, until October 31, 2015, and did not have any intent or ability to pay the money to the victim.

The defendant deceivings the victim as above and received KRW 100 million from the victim's account in the name of the defendant on the same day through the Cit Bank account in the name of the defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written agreement, receipt, each written confirmation, and a certificate of transfer confirmation;

1. Investigation report (the details of the use of the suspect A's account in the Republic of Korea) and the application of the statutes on the transactions in the Republic of Korea St Bank;

1. In light of the relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act’s choice of punishment, sentence is inevitable, considering the following: (a) the amount of damage caused to the fraudulent crime for the reason of sentencing is KRW 100 million; (b) the damage recovery is not most possible; and (c) it is difficult to expect future recovery of damage.

the term of the punishment.

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