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(영문) 수원지방법원 2018.12.13 2018고단4036
사기
Text

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

Reasons

Punishment of the crime

On July 12, 2016, the Defendant is the actual manager of C Co., Ltd. (hereinafter referred to as “C”) established for the purpose of real estate development business in Suwon-gu B and II, Suwon-si, Suwon-si, and the victim is the representative director of C.

On June 22, 2016, the Defendant needs to provide the victim with a project fund for three lots of development projects, such as the E Union F in Suwon-si, Suwon-si, which is located in Suwon-si D.

A corporation shall be established under the name of the party, and the investment of the funds shall be made by operating the corporation at the same time and completing the development project.

The phrase “ makes a false statement.”

However, in fact, the Defendant had no funds to purchase the above land due to bad credit standing, and did not have to receive a loan as collateral, and as long as the purchase price was not paid, the Defendant could not submit a written consent from the land owner with the consent to use the land. Therefore, even if receiving the money from the damaged party, there was no intention or ability to make profits by completing the development project.

On June 27, 2016, the Defendant, by deceiving the victim as above, received KRW 29,000,000 from the victim’s G account (H) in the name of the victim on June 27, 2016, and received KRW 133,00,000 from that time to September 5, 2016, by remitting the total amount of KRW 11 times, such as in the list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A protocol concerning the interrogation of the suspect against the accused (including part concerning questioning by the J);

1. Copy of the passbook, details of account transactions, and custody certificate (the defendant was notified of the contents of the business to the victim and used all the money that he received from the victim for the business, so there was no deception nor intention to defraud the victim;

The argument is asserted.

However, the circumstances acknowledged by the above evidence, the defendant entered into a contract with J to purchase the F, etc., and the amount of KRW 1160 million is the existing loan.

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