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Reasons
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(영문) 인천지방법원 2018.01.24 2017고단2037
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 31, 2015, the Defendant entered into a contract with the F, on behalf of the victim, to purchase the 1.4 billion won for the port and port launch period between the victim D and the F, which is operated by the victim D in Seocheon-gu building B B, Seocheon-gu, Seocheon-gu, Seoul. On July 31, 2015, the Defendant agreed to pay the remainder of 400 million won by the end of August 2015 upon receiving the payment of KRW 80 million from G, with the payment of KRW 200 million for intermediate payment.

On October 2015, the Defendant was determined to receive a loan of KRW 800 million from the victim through F at the first construction site located in H in Gyeonggi-si, Gyeonggi-do.

A short-term loan may be extended to only KRW 100,000 if the loan is extended to a short-term loan. It shall be repaid to the following share on the loan of KRW 100,000.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant had a debt amounting to KRW 100,00,000, and was urged by the credit holder to pay the money, and there was a situation in which the Defendant had to prepare the balance of KRW 600,000,000,000 per month for the loan of KRW 800,000,000, and there was no intention or ability to make a change within one week even if the Defendant borrowed KRW 100,000 from the victim.

Nevertheless, on October 13, 2015, the defendant deceivings the victim as above and transferred KRW 100 million to the account under the name of J as the borrowed money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Statement made to K in the police statement;

1. Application of Acts and subordinate statutes of a written confirmation, written deposit confirmation, and construction machinery sales contract;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Sentencing criteria: Type 2 (not less than KRW 100 million, and less than KRW 500 million) of the basic area (one year or 4 years); and

2. The method of committing the instant crime;

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