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(영문) 수원지방법원 평택지원 2015.11.19 2014고단1471
사기
Text

Defendant A shall be punished by imprisonment with labor for one year with respect to the fraud of 2014 Highest 1471 among the facts charged in the instant case.

(b).

Reasons

Around May 30, 2013, Defendant A stated that “I would operate the Gag processing factory” to the victim’s “I” room operated by the victim H in the former North Korea-gun G around May 30, 2013, Defendant A would pay all the machinery cost by the end of the 2013th day of selling the Kim-gu equipment necessary for the operation of the factory.”

However, in fact, Defendant A had already received a loan of KRW 1.8 billion as a security in the course of the purchase of the Kim processing factory site at the time. Nevertheless, the balance of the purchase of the site was not paid to the site owner, and provisional attachment registration was completed, which made the claim amount of KRW 4.4 billion in the process of constructing the factory building as a result of the failure to pay the construction cost in the process of constructing the factory building, which was about KRW 1.3 billion in the cost of the construction of the factory building. In addition, Defendant A was liable to pay the claim amount of KRW 1.3 billion in the cost of the construction of the factory building. Since there was no import due to the failure to operate the factory, and even if the additional loan was received, Defendant A did not have the intent or ability to pay the price of the machinery to the victim, and thus, even if the loan was received, there was no intention or ability to pay the price

Defendant

A, as seen above, deceiving the victim and deceiving it from the victim on June 2013, A obtained a total of 12 parts, such as Kim-gu's 2 straw machines and accessory machines, which amount to a total of 166,50 million won in the market price at the beginning of the beginning of the year of June 2013.

Summary of Evidence

1. The defendant A's partial statement

1. The legal statement of H;

1. Some of the interrogation records of Defendant A by the prosecution

1. The police statement of H;

1. Contract;

1. According to the above evidence list, the following circumstances are revealed.

In other words, Defendant A purchased a factory site in KRW 3.25 billion and newly constructed a factory building in KRW 2.5 billion, and Defendant A bears an obligation exceeding KRW 4.4 billion.

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