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(영문) 서울중앙지방법원 2019.06.05 2016고단9267
사기
Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On September 10, 2008, the Seoul Central District Court sentenced the defendant to four years of imprisonment for the so-called planned real estate-related fraud, and has been punished for the crime of fraud.

On April 14, 2015, the Defendant, at the office of H (hereinafter “H”) located in the fourth floor of the Gangnam-gu Seoul G GG building, indicated that “Seoul Special Metropolitan City Development Plan map” and “The sale price table of six lots outside the J of Pyeongtaek-gun, Pyeongtaek-gun, Gangwon-do.” The Defendant is running the business of newly constructing and selling electric power units and fences. This land is located in recreational areas, and there is K, L, and golf course, and it is located near M, and development is planned to build the KTX history, and there is a lot of profit.” The Defendant said, “The Defendant would be responsible for investing in the project, return twice the investment amount, and operate the camping project to ensure that the sale price is KRW 2 million per month by operating the camping project.”

However, in fact, the Defendant did not have experience in developing the electric source housing, did not make efforts to purchase the land for the development project as well as to permit construction, and did not seek funds for the implementation of the project, and thus, did not have any intent or ability to return the principal and interest, even if he received investment funds from the victim.

Around April 21, 2015, the Defendant, by deceiving the victim, remitted KRW 20 million from the victim to the national bank account under the H’s name on or around April 30, 2015, and transferred KRW 130 million to the same account on or around April 30, 2015, and acquired KRW 60 million in total as the same account on or around August 11, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of witnesses B in the second protocol of the trial, and entry of witnesses N in the fourth protocol of the trial;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. The police statement concerning B;

1. A complaint, a letter of objection, and a letter of decision;

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