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(영문) 청주지방법원 제천지원 2018.12.13 2017고단420

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 24, 2016, the Defendant, at the office D, operated by the Victim C, who was located in the Won-si B, around 2016, did not require an amount of KRW 100 million to the expense required for the registration of the extracting rights for the Pream mine, and the Defendant was planned to use most of the money received from the injured party for other purposes, such as expenses related to the operation of the Defendant Company, which was not related to the registration of the extracting rights for the mine. The registration of extracting rights was completed within 90 days from the date when the application was filed, within 5 to 6 months from the date when the above application was filed, or the Defendant was unable to commence mining in the Ptex mine within 5 to 6 months from the date when the application was filed. However, the Defendant was promoting the business by registering and developing the Ptex mine (G) in the PtexF.

If the cost of KRW 100 million is required until the registration of extracting rights, it will be 70% of the operating shares in the mine.

From the time of application for mining rights to the time of registration of extracting rights, 90 days take place, and the total of 5-6 months takes place from the mine to the commencement of mining.

“Along with the purport of the foregoing, the Defendant continued to receive KRW 10 million from the victimized person via the Agricultural Cooperative Account (Account Number I) in the name of H on the same day. On July 12, 2016, the Defendant received KRW 60 million from the victimized person via the Agricultural Cooperative Account (Account Number I) in the name of H, and the Defendant received KRW 10 million from the said injured person’s office on July 12, 2016, “ soon shall be the extracting rights registration, and the expenses necessary for the registration shall be changed.” Accordingly, the Defendant received KRW 60 million from the victimized person to the Agricultural Cooperative Account (Account

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and C;

1. Some of the protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by each prosecutor to J and C;

1. Statement made to K in the police statement;

1. Results of inquiring about the details of transactions of deposits;

1. A copy of each letter of understanding, a copy of the agreement of agreement, a copy of the loan certificate, and a certified copy of content;

1. A report on investigation (a written confirmation of details of deposit and withdrawal transactions, etc.);