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(영문) 대전지방법원 2016.10.11 2015고합328

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

[Criminal Justice] On September 24, 2014, the Defendant was sentenced to three years of imprisonment for a crime of fraud, etc. at the Daejeon District Court on September 24, 2014, and the judgment became final and conclusive on October 2, 2014. On August 26, 2015, the Defendant was sentenced to eight months of imprisonment for a crime of fraud to the Daejeon District Court on September 3, 2015.

【Criminal Facts】

1. Around October 29, 2008, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) said that “The victim C makes an investment in money in many places in the Republic of Korea, and in order to operate the said project, approximately KRW 4 billion may be purchased at a level of 10,000,000 won. First of all, if a power plant is permitted due to civil engineering works, the remaining amount would be financed from the Energy Corporation, and if the power plant is operated after completion of the said loan, the remainder would be able to obtain a profit of at least KRW 20,000,000 per month, even if the power plant is repaid.”

However, even if the defendant received the above money due to the lack of the fact that the construction of the solar power plant is in progress, he was thought to be used for personal purposes, such as the defendant's entertainment expenses, and he did not have the intent or ability to carry out the construction of the solar power

As above, the Defendant, by deceiving the victim as above, received 300 million won from the victim, namely, an amount of money equivalent to 300 million won as investment money, from the victim, and obtained from around that time to February 2, 201, the Defendant acquired 794,30,000 won in total over eight occasions, such as the No. 1, 2, 3, 5, 6, 8, 9, and 10 of the Attached Crime List (1) in attached Form 1.

2. Fraud;

A. On January 26, 2013, the Defendant concluded that “The Defendant would purchase and return money when he/she returns the vehicle for one year,” at the victim’s residence in Daejeon-gu Daejeon-gu.

However, in fact, the defendant sought a substitute car which was mortgaged at the pawnpo, and the difference is personal.