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(영문) 인천지방법원 2018.12.20 2018고단5102
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On August 31, 2018, the Defendant was sentenced to eight months of imprisonment for fraud at the Incheon District Court, and the above judgment was finalized on November 2, 2018.

[2] The Defendant has the right to file a complaint with the victim D on April 1, 2016 with the Ftel 8,9 floors 20 households newly built on the Nam-gu Incheon Metropolitan City E and 10 lots.

If the purchase price of KRW 100 million is paid for the above officetel G, the completion of construction will be completed until June 30, 2016 and the registration of transfer of ownership will be made.

The phrase “ makes a false statement.”

However, in fact, the Defendant entered into a provisional contract with H as a right holder with respect to the foregoing 22 households, and it was impossible to register the transfer of ownership to the victim without H’s cooperation because the purchase price of KRW 1.8 billion was not paid to H. From February 2015, the instant officetel continued to have been suspended due to the lack of funds for the Si event from February 2, 2015 and the lack of funds for the subcontract construction business operator’s lien, and even if approximately KRW 10 billion was invested, the construction could not be completed until June 30, 2016.

Nevertheless, the defendant deceivings the victim as above, and on the same day from the person who is suffering from such deception, the defendant 10 million won to the corporate bank account (J) in the name of the defendant.

4.2. The receipt of each remittance of KRW 40 million in total and KRW 47 million in K L bank accounts (M) in the same account.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police to K;

1. Statement made by the prosecution against the N orO;

1. Statement made by the police with regard to D;

1. A criminal investigation report (Submission of data by a complainant);

1. A report on investigation (as to the details in which the complainant entered money)

1. Civil Judgment

1. A real estate transaction contract (from 12 to 19 pages of investigation records), each letter, K's account transaction details, suspect A (I) transaction details, and provisional contract for real estate transaction;

1. Before ruling: Supreme Court Decision 2018Do1469.

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