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(영문) 대전지방법원 천안지원 2017.08.17 2016고단2291
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 D in the name of Asia-si, Asan-si, and is in bad credit standing before 200.

On June 24, 2014, the Defendant would purchase three Dongs of factory buildings of approximately 150 square meters from G offices located in Asan-si F, Asan-si, and construct three Dongs from around 150 square meters to November 30, 2014, at G offices located in Asan-si, Asan-si.

The total purchase price and construction cost of the site are 1.480 million won. On the other hand, the remainder of the construction cost is 250 million won, and it is false that the factory site and building should be loaned as collateral, and it will succeed to the loan after the factory is completed.

However, even if the defendant receives money from the injured party, he did not have the intention or ability to construct the factory by purchasing the site from the end of November 2014.

The Defendant, on July 1, 2014, transferred the amount of approximately KRW 260 million, including USD 20,000,000,000 from the injured party, and KRW 263,000,000,000,000,000,000 around the 11th of the same month, to the financial account of the Defendant E.

The defendant in the second place of the building cost of a detached house will purchase a detached house with 562m2m2 in the office of the first place of early August 2014 and construct a detached house until the end of October 2014.

The purchase and construction cost of the site demand approximately KRW 150 million from the total cost of KRW 160 million to the total cost of KRW 100 million. On the other hand, the remainder cost of KRW 50 million should be paid at the cost of the house and the construction of the detached house is to construct the detached house, and if the construction of the detached house is completed, the site and the house will be borrowed as collateral.”

However, even if the defendant received money from the injured party due to the lack of property, he/she did not have an intention or ability to purchase the land and construct the detached house until October 2014.

The Defendant received from the injured party the remittance of KRW 50 million from September 5, 2014 to the Defendant E’s financial account.

Summary of Evidence

1. The defendant's person;

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