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(영문) 청주지방법원 충주지원 2016.08.09 2016고단58

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 2, 2012, the Defendant is expected to develop a mine in G in Gangwon-do at the office of “E” located in the Geum-gu Busan, Geum-gu, Busan, and the victim F.

In order to make an investment in the mine development project, 2.5% of the shares will be paid to the extent that the amount of 20 million won can be earned each month.

Investment funds shall be used only for 7-8 months, and shall be returned to August 31, 2013, and interest of KRW 500,000 per month until then will be more than 500,000.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, even if the defendant received 100 million won from the injured party, he was thought to use it in repayment of his personal debt, and it was not clear whether the mining development project will be implemented until the date and time the permission for temporary use of the mountainous district for the above mine development project was cancelled on or around 2010, and there was no particular property.

Nevertheless, the Defendant received from the injured party a transfer of KRW 30 million from January 18, 2013, KRW 60 million on February 6, 2013, and KRW 10 million on February 21, 2013, respectively, to the Nonghyup Bank account in H’s name designated by the Defendant.

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

Summary of Evidence

1. Legal statement of witness F;

1. Statement made by each prosecutor to J and K in the prosecution;

1. Each investigation report (including attached data);

1. The agreement on equity investment in L development;

1. Details of each transaction, such as a copy of each passbook, and inquiries about the results of transfer;

1. A certificate of all registered matters;

1. Application of response statutes to permission for the use of national forests;

1. Determination as to the assertion of the defendant and his defense counsel under the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the crime (the choice of imprisonment with prison labor)

1. The defendant of the argument that he will pay 50,000 won interest every month to the victim.

There is no fact that the notice was given.

In addition, the defendant used 100 million won of investment from the damaged person in relation to the mine development project, and the defendant first develops the mine industry.