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(영문) 서울북부지방법원 2016.10.13 2016고단2342
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, around April 2015, at D located in Dongdaemun-gu Seoul Metropolitan Government, rectification is made ex officio since it is an obvious clerical error in “F as the Chairperson,” “F factory is newly built in Chungcheongnam-gu, and one or more F factories are scheduled to be located in each Do nationwide,” and “F factories around May 12, 2012” in the facts charged in 2015 is an obvious clerical error.

5. Around 12. Around 12.m., the victim’s office located in Dongdaemun-gu Seoul Metropolitan Government 202, “Around 11,700 square meters for construction of a factory with a total floor area of KRW 3656 square meters to the victim is required to enter into a contract and provide loans to the victim. If the money is leased, the expenses of KRW 50,000,000 should be paid in advance with a loan of KRW 80,000,000,000 for the real estate located in the market owned by the Defendant as collateral.”

However, in fact, the defendant revealed that he had the intention to purchase the land at the J at the time of J, and did not prepare a specific sales contract, and did not own the funds to purchase the land at the time of the fact, and did not own the real estate located at the time of the fact that he could not obtain the loan by providing it as a collateral. Therefore, there was no intention or ability to conclude a F plant construction contract with the victim on the real estate located at the time of the fact, and there was no intention or ability to repay the money borrowed from the victim.

Nevertheless, around April 16, 2015, the Defendant, by deceiving the victim as such, received KRW 1 million from the victim in cash and received KRW 55 million from the victim, and from that time, received a total of KRW 21 times of cash or K’s bank account as indicated in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Second prosecutor's protocol of examination of the accused;

1. E. from among the third police interrogation protocol against the defendant.

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