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(영문) 대전지방법원 천안지원 2013.11.14 2013고단937
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative director of B corporation established for the purpose of aggregate wholesale and retail business, stone production business, etc., and the victim C is the actual operator of D of a limited company established for the purpose of construction business, etc.

On September 21, 201, the Defendant presented to the victim’s “written consent to land use” in the name of “Y,” through G, etc., the victim’s right at the coffee shop near the F Bath in Boh-si, Boh-si, and “A contract for the purchase of the right to land use” in the name of “Y,” and “A contract for the purchase of the right to land development by J with the right to land development project operated by the Defendant,” etc. In relation to the above H H H H development project, the Defendant invested KRW 40 million with the acquisition cost of stone production project, KRW 10 million with the acquisition cost of land use, KRW 20 million with the approval cost of land use, and KRW 20 million with other permitted costs. As such, if the Defendant borrowed KRW 87 million with the title of deposit, it would be false that the Defendant will grant the above right to land transport and pay KRW 100 million with the payment after the month.”

However, the defendant did not pay KRW 400 million to J at the time, and I did not have the ability to implement the tinsan development project, such as that I would not pay KRW 100 million for the approval of land use, so even if he received the above money from the victim, he did not have the intent or ability to grant the victim the transportation right related to the tinsan development or to repay the above money.

As such, the Defendant, by deceiving the victim, received 87 million won from the victim to the new bank account (Account Number K) in the name of the defendant on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to a cash loan agreement, written statement, and financial transaction statement;

1. Relevant Article 347 of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts are the reasons for sentencing.

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