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(영문) 서울중앙지방법원 2016.12.21 2016고정3550
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 2, 2008, at the office of the Dispute Resolution Co., Ltd. in Gangnam-gu, the Defendant, the representative of the Dispute Resolution Co., Ltd. at the time the victim D, who is the representative of the Dispute Resolution Co., Ltd., is F, and F, endorses copies of checks. The Defendant may loan KRW 50 billion to the Defendant as security the business right for new construction of “E building” and the site for construction within the Dispute Resolution Co., Ltd. within the Dispute Resolution Co., Ltd. on September 22, 2008. The Defendant falsely stated that “In the event a loan is not implemented, the down payment shall be returned until October 30, 2008.”

However, in fact, the defendant did not have the intention or ability to get a loan as security for the business right, and there was no intention or ability to return the down payment if the loan is not implemented.

As such, the Defendant, by deceiving the victim, prepared a consulting service contract in the same place, and received 10 million won as the down payment from the victim, and fraudulently acquired it.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing checks and contracts;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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