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(영문) 수원지방법원 2018.05.24 2017고단6913
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The defendant is a person who operates a corporation E in Young-gu D or 401 at Suwon-si.

On October 30, 2015, the Defendant paid the victim G with two households (total amount of KRW 2.5 million) out of 108 new loan 10,000 from among 108 new loan 10,000,000,000,000 won to the victim G at the new construction site of Echeon-si, F. 4,00,000,000,000 won for the remainder of 1,40,000 won for the loan 100,000 won for the loan 108,000 won for the loan 10,000 won for the loan 10,000 won for the loan 10,000 won for the remainder by the end of February 2016.

“False speech was made to the effect that it was “.”

However, the Defendant was liable to pay approximately KRW 1.6 billion in the vicinity of the above FF and four parcels. At the time, the Defendant was faced with difficulties in the management of E due to the said 1 complex loan was not sold. Accordingly, the Defendant did not have any intent or ability to pay the construction price to the subcontractor related to the construction of the above 1 complex loan as planned.

As above, the Defendant: (a) by deceiving the victim; (b) caused the victim to do construction work, such as lending (2) 4, 48 households; and (c) did not pay 280,000 won for the construction cost; and (d) acquired the pecuniary benefits equivalent to the said amount.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement G of the police's statement G of the police's statement document (Evidence List 9), the certification of standard financial statements, etc., and the details of entry and departure transactions;

1. The applicable legal provisions on criminal facts, Article 347(1) of the Criminal Act on the selection of punishment, grounds for sentencing of imprisonment [the scope of recommending punishment] General Fraud / [the scope of recommending punishment] 2 types (10 million won or more, and less than 500 million won) in the basic area (1 to 4 years) (1 to 4 years) : The sentencing range compared with recommended punishment : one year to 4 years [the sentence] which is unfavorable to the defendant; normal damage amount to 280 million won; damage.

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