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(영문) 수원지방법원 2020.05.29 2020고단236
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 201, 201, the Defendant contacted the victim B who was aware of the past real estate transaction in the past by telephone, and said, “In the Republic of Korea, I would like to make an investment in the redevelopment project of the Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City, and would make an investment in the redevelopment project and pay KRW 600 million after five months after the loan of KRW 300 million. The monthly payment of KRW 1.5 billion as the interest rate during each month will be made. If the new construction of an officetel falls short of the authorization and permission of the office, I would have to pay the PF loan by causing the loan of KRW 1.5 million. The PF loan can only obtain the consent of the prop and will be received more than one written consent.”

However, in fact, the Defendant did not have to obtain a new permit for the construction of an officetel due to the absence of the consent of the owners of the land in relation to the above C Redevelopment Project at the time, and did not have to obtain a new permit for the construction of an officetel from other investors, and did not have any occupation or any particular income, and there was no intention or ability to repay the above amount within the due date even if the Defendant borrowed the above amount from the victim as the Defendant’s living expenses or office operation expenses.

On July 15, 201, the Defendant, by deceiving the victim, received KRW 300 million from the victim to the Defendant’s SCB bank account (D) and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of each police statement concerning B;

1. Cash loan contract and notarial deed;

1. Application of Acts and subordinate statutes on deposits without passbook;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be the scope of fraudulent offenses [the type 2], the scope of recommendations and recommendations that there is no amount of more than 10 million won and less than 500 million won (the special person].

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