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(영문) 대전지방법원 2017.07.14 2016고단1282
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On June 16, 2011, the Defendant was sentenced to one year of imprisonment for fraud at the Daejeon District Court, and the execution of the sentence was terminated on November 1, 201.

On October 2, 2013, the Defendant: (a) in D located in Daejeon-gu Daejeon-dong Daejeon-dong, Daejeon-gu, and (b) obtained a license for waste disposal business from the FF sector in Chungcheongnam-gun, Chungcheongnam-gun, and (c) obtained a license for development activities to create a factory site; and (d) obtained a license for development activities to collect soil and stone from it; and (e) made a loan of money, a sufficient security would also be offered.

was made.

However, in order for the defendant to collect earth and stones from the victim, he/she must purchase the above FJ land in the Geumsan-gun, and the purchase price of the land to be purchased is equivalent to 1.26 million won in total, but at the time, the defendant entered into a sales contract for the land (F and G) equivalent to 60 million won out of the target land and paid only 20 million won as the down payment, and the defendant did not have the ability to prepare the remainder, and even if he/she borrows the amount equivalent to 2.3 million won from the damaged person, he/she did not have the ability to purchase the above land and to enable the victim to collect earth and stones.

In addition, there was a breaking machine that the Defendant offered as security to the victim was purchased in the amount of KRW 4.5 million, but the actual purchase amount is not more than KRW 6,00,00,000, and the Defendant did not have the ability to repay even if the Defendant borrowed KRW 200,000 from the victim due to the absence

Nevertheless, the Defendant, as seen above, made a false statement as if he would enable the victim to collect earth and stones, received KRW 50 million from the injured party on October 2, 2013 to the account under the name of H operated by the Defendant on October 2, 2013, and received KRW 50,000,000 from around that time to February 20, 2014, a total of KRW 267,000 ( KRW 260,000,000, under the name of borrowed money, KRW 7,000,000,000, under the name of expenses for treating civil petitions).

Summary of Evidence

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