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(영문) 수원지방법원 2012.08.29 2012고합62

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 7, 2009, the defendant completed the logistics warehouse of G Co., Ltd., G, the victim E, which was newly constructed on December 7, 2009, but did not receive 4.3 billion won out of 14.3 billion won from the victim.

On April 27, 2010, the Defendant made a false statement to the victim that “When the Defendant transferred all the company’s logistics warehouses, their land, stocks, and management rights, all of the construction cost will be hot, and KRW 2.2 billion will be paid as the acquisition price for the company. Of KRW 2.2 billion, KRW 90 billion will be given first by borrowing KRW 15 billion as security for the company warehouse, and the remainder KRW 1.3 billion will be paid immediately after the sale of the company.”

However, even if the defendant was transferred to G company from the beginning, he did not intend to pay 2.2 billion won of the acquisition price of the company.

The Defendant, as such, by deceiving the victim and taking over the company from G real estate, stocks, management rights, etc., did not pay KRW 2.2 billion to the victim, thereby acquiring financial benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, H, I, and J;

1. Each of the statements made by the prosecution against the accused in the suspect examination protocol (including each statement made by E, I, H, and K);

1. On the second police interrogation protocol against the defendant, E's statement

1. Statement to E by the police;

1. Each written statement of E and K Preparation;

1. A complaint, a certified transcript of corporate register, a certified copy of corporate register, a certified copy of construction contract, a certified copy of land register, a certified copy of land register, a certified copy of building register, an appraisal statement, an appraisal statement, a list of appraisal records, photographs, management rights acquisition/acquisition contracts, written confirmations, a certified copy of land owned by a suspect, a written confirmation of financial transaction, a certified copy of promissory notes, a written confirmation of details of transactions, a written confirmation of transaction (related to submission of