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(영문) 전주지방법원 군산지원 2017.11.16 2012고합292

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above sentence shall be suspended for a period of five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. established for the purpose of construction business and civil engineering work business.

On June 6, 2010, the Defendant shown the victim F in the "E" located in Y, Jeonsan-si, Jeonsan-si, as the person who has the right to permit G business in Hasan-si, the respective understanding (MOU), H press’s article contents and business plan, and “I will provide support of KRW 500 million with funds for the G development project in the first place in the Hasan-si, the Defendant will not only return the principal, but also grant 15% of the business interest.

“.........”

However, C Co., Ltd. did not have the ability to carry out G development projects even if it receives funds from the injured party under the pretext of the investment in G development projects by taking advantage of serious financial difficulties, such as bearing liabilities equivalent to approximately KRW 2.6 billion from early 2010.

As such, the Defendant, by deceiving the victim, received from the victim, KRW 20 million around June 11, 2010, KRW 300 million around July 2, 2010, and KRW 500 million in total from the victim to the former bank account in the name of the Defendant under the pretext of investment money.

Summary of Evidence

1. The defendant's legal statement (as at the tenth public trial date);

1. Each legal statement of the witness F and K;

1. Statement by a certain prosecutor with respect to L;

1. A response to the details of attachment C, reply to the matters of cooperation with an investigation, submission of investigation data (influence), understanding, identification, each comprehensive sheet, a copy of a passbook, a copy of a bankbook, and a process deed, such as a rehabilitation decision, etc.;

1. Application of Acts and subordinate statutes to an investigation report (as to a single bank M, a N company's statement of directors, a telephone call of the head of a P branch office of one bank, a N Site Development Department Q head telephone call of the N site Development Department, a general case case attachment, a search by the Supreme Court-Attachment of data submitted by the agency in the following cities, attachment of suspect newspapers, a copy of suspect newspapers, and attachment of accompanying documents, such as a copy of suspect newspapers, etc., and

1. Article 3(1)2 of the former Act on the Aggravated Punishment, etc. of Specific Economic Crimes (amended by Act No. 11304, Feb. 10, 2012); Article 347(1) of the Criminal Act concerning criminal facts.