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(영문) 인천지방법원 2019.05.15 2018고단9166
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On February 20, 2014, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for fraud, etc. at the public order branch of the Daejeon District Court on August 28, 2014, and the said judgment became final and conclusive.

【Criminal Facts】

On October 201, the Defendant made a false statement to the effect that “The Defendant would be entitled to participate in the selection of a public golf course developer with the total project cost of KRW 130 billion, which he/she proceeds in Gangnam-gu Seoul (Seoul) and would be entitled to participate in the bid in the selection of a public golf course developer with the total project cost of KRW 130 billion. If 50 million is invested, 10% of the shares will be given.”

However, at the time of reporting on the above project, a person who can participate in the above project shall be included as an investor in the operation of a golf course for at least 18 persons in Korea and abroad for the last three years, and shall participate in the construction and design of a golf course for at least 18 persons in Korea and abroad within the last five years. The defendant did not have the above experience and was not entitled to participate in the first response. The defendant's "E" operated at the time was in a serious financial crisis, and the defendant was intended to receive investment from the victim and to use it for debt repayment, etc.

According to the evidence duly adopted and examined by the court, the Defendant deceivings the victim as above, and thereby, up to October 27, 201, up to KRW 10 million to the Agricultural Cooperative Account in the name of the Defendant’s father F on November 25, 201; KRW 21 million to the same account on November 25, 2011; KRW 4 million to the National Bank Account in the name of G on the same day; and KRW 38.5 million to the same account on December 2, 2011; and KRW 42.5 million to the same account on December 2, 2011, can be recognized as a clerical error in the indictment, so it shall be corrected ex officio.

B. On the same day, the money was transferred to the Agricultural Cooperative Account in the name of the Defendant, and KRW 26.5 million was paid in cash on December 5, 201 and received KRW 110 million in total.

Summary of Evidence

1. The defendant's legal statement; 1.1.

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