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(영문) 인천지방법원 부천지원 2019.03.07 2018고단2876
사기
Text

[Defendant A] The defendant shall be punished by imprisonment for six months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

[Criminal Power] On November 16, 2017, Defendant A was sentenced to one year of imprisonment for a crime of fraud at the Incheon District Court, and the said judgment was finalized on January 19, 2018.

【Criminal Facts】

On August 16, 2016, the Defendants made a false statement to the effect that, at the D office in the operation of Defendant A, the vice president of the victim E-stock company, “The construction of a rest area is being carried out on five lots outside Chungcheongnamnam G, and the construction may be carried out if the construction permit was granted, and only the construction funds are secured. As such, if the Defendants borrowed KRW 30 million from the design cost, they will receive the loan and pay the first progress payment upon receiving the loan.”

However, in fact, Defendant A did not have the intent or ability to carry out the actual construction even if it borrowed money from the victim because only the construction permission was obtained, there was no capital to carry out the construction work, and there was no decision to obtain the loan from the victim, and Defendant B knew of these circumstances, and the loan was thought to have been used as the name of repayment of debts unrelated to the project.

Nevertheless, the Defendants deceiving the victim as above and transferred the amount of KRW 30 million on August 23, 2016 to the I’s corporate bank account from the victim.

As a result, the Defendants conspired to receive property from the victim.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement concerning F;

1. Investigation report, investigation report (K telephone conversations for a witness), investigation report ( telephone conversations for a witness), investigation report ( telephone conversations for a witness), investigation report (Ma of a witness); and

1. Details of transactions in the accounts of each enterprise bank, each recording book, a loan certificate, a detailed inquiry into each case as a result of the transfer processing, a written waiver of a building permit, design service fee, etc., written agreement, written consent on land security, acceptance of building permit, notification of building permit, and written

1. Previous convictions as indicated in the judgment: criminal records (defendant A) and the date of release of a criminal report A; and

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