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(영문) 대전지방법원 천안지원 2015.05.28 2014고단470

사기

Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

Around August 7, 2012, the Defendant entered into a partnership agreement with the victim D to a recycling business using waste oil, waste oil, vinyl, etc. in Seoan-gu, Seoan-gu, Seoan-gu, Incheon. The victim invested 300 million won as basic funds for the above business, and the Defendant agreed to provide the remainder of the necessary funds and factory sites. At the time, the Defendant, as the victim’s considerable refluence, said that the victim had already been secured three lots of land located in the astronomical site as a candidate for

However, the defendant did not have secured a candidate for a renewable factory site, and the site of the Agricultural Machinery Repair Center, which was constructed separately, could not obtain the relevant authorization and permission, so it was impossible to divert it to a renewable factory site.

In addition, the defendant has invested 30 million won to E in connection with the charnel located in Jincheon-gun, Chungcheongnamcheon-gun, but this has not yet been completed due to the shortage of business funds, and the possibility or time of the recovery of the investment has not been fully completed.

In addition, the Defendant was merely a maximum balance of KRW 1,447,180 between June 15, 2012 and August 22, 2012, and there was no particular property that could otherwise promote the recycling business.

Moreover, even if the Defendant received money from the victim as investment money, it was the intent to use it voluntarily due to the payment of existing debts or living expenses related to the construction of the above Agricultural Machinery Repair Center, which was in progress separately, so in fact, the intention or ability to promote the recycling production project was not full.

Nevertheless, as seen above, the Defendant, as between August 22, 2012 and September 28, 2012, received a total of KRW 70,50,000,000 from seven occasions as shown in the annexed crime list, and acquired it by money as investment money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each of the suspect examinations of F and G by the prosecution.