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(영문) 수원지방법원 2018.04.04 2018고단549
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 2016, the defendant purchased the G factory site in the Yeong-gu, Sungnam-si, Sungnam-si, and 402, and tried to implement the apartment development project by the victim E in the middle of the July 2016.

Until September 2016, a factory site purchase fund is expected to be deposited, and it is expected to lend money needed by the operation fund and office, and the office lease contract is transferred until September 30, 2016.

“A false representation was made.”

However, the Defendant did not have any equity capital, and did not have been invested in the above apartment development project from another person, and the said apartment development project site was already concluded by another company (hereinafter “H”) around March 2015. Therefore, there was no intention or ability to repay the loan, etc. in time by carrying out the project as above.

In the process of deceiving the victim and taking over the right of lease to the above office D and 402 from the injured party on September 5, 2016, the Defendant received the right to claim the return of deposit equivalent to KRW 20 million by succession, and acquired the pecuniary benefits equivalent to that amount, and received the remittance of KRW 60 million from the bank account (Account Number:J) in the name of the Bank in the name of the Bank in the Bank of Korea on September 9, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes to a credit information reply letter, written statement of deposit, written statement of performance, cash loan, each cash storage certificate, e-mail, fund operation plan, written statement, I transaction statement in the name of the suspect A, details of account transaction in the name of the suspect A, and credit information reply statement;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Since the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the sentencing guidelines do not apply to the recruitment of the workhouses.

In light of the law and content of the crime, the defendant is not good.

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