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(영문) 인천지방법원 2017.01.26 2016고단6590
사기
Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On March 27, 2015, the Defendant need to enter into a contract with the victim D, who is an elementary school, to enter into a construction project equivalent to ten billion won at the Si of Vietnam, the Si of Hoe-gu, Bupyeong-gu, Incheon, for a tourist business-related construction project that is equivalent to ten billion won.

A false statement was made to the effect that it would be a sale of the building equivalent to KRW 1 billion within the inside, but it would be a loan of KRW 30 million within a certain mother and child, and that it would be repaid as of June 2015.

However, in fact, the Defendant did not pay approximately KRW 100,000 to the Defendant’s financial rights, and was determined to commence an individual rehabilitation procedure with wife G, and there was no funds or property to invest in the Vietnam Tourism Corporation. Therefore, there was no intention or ability to carry out construction works related to tourism in Vietnam or to repay the funds borrowed from the victim.

On March 28, 2015, the Defendant deceptioned the victim and received KRW 30 million from the victim to the post office account in the name of the Defendant on the pretext of borrowing money from the victim, and from that time until March 25, 2016, the attached list of crimes: Provided, That in the instant deception Nos. 75 through 77, “re-re-return to the country” is apparent to be a clerical error of the “accidentd patient”, and thus, the Defendant shall be corrected to “accidentd patient” as “accidentd patient.” In the same manner, the Defendant received the remittance of KRW 42,4710,000 in total over 10 times in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The application of statutes to a statement of transactions in the new bank account in the victim's name, a statement of transactions in the bank account in the victim's name, a record of recorded files, and a statement under H's name;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the choice of punishment (in comprehensive, the choice of imprisonment);

1. Article 32(1)3 and (2) and Article 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Lawsuit for Dismissal of Application for Compensation was obtained by deceiving an amount exceeding KRW 400 million for one year, and not agreed.

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