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(영문) 울산지방법원 2014.04.24 2010고단3398 (1)

사기

Text

A defendant shall be punished by imprisonment for one year.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

At around 15:00 on January 28, 2010, the Defendant stated that “A victim C will immediately enter into a contract and return KRW 100 million after the month when he/she entered into a contract with the FF company located in North Korea. However, if only a large stock farm contract can be entered into, he/she would immediately be punished for KRW 1 billion, but there would be no down payment.”

However, the fact that the defendant, while carrying out the four major projects with the above FF companies, failed to prepare for the dredging vessel with a view to using 100 million won for dredging costs, and was urged by the above F companies to return KRW 100 million from the above F companies. Therefore, the borrowed money from the victim is merely a fund to be repaid to the F companies, and is irrelevant to the punishment contract, and there was no other property or income, and there was no intention or ability to repay the borrowed money from the victim even if it was borrowed from the victim.

As above, the Defendant, by deceiving the victim as above, received 50 million won from the victim as the borrowed money, namely, from the victim, and acquired it by fraud.

Summary of Evidence

1. Any statement made by a witness C and G in the second protocol of the trial, which conforms to those made by him;

1. Any statement made by a witness in the 12th trial records, which conforms with the witness H;

1. The I statement of the suspect interrogation protocol of the accused prepared by the prosecutor;

1. Statement C in the second interrogation protocol of the accused prepared by the assistant judicial police officer;

1. A complaint;

1. A joint project agreement;

1. Determination as to the defendant and defense counsel's assertion of each investigation report and investigative duty cooperation request

1. The defendant and the defense counsel are the defendant and the defendant and the defendant as a partner of E.

At the time of borrowing money from the victim, the victim entered into a business contract with the F Company, and the amount of KRW 50 million borrowed from the victim was used as operating expenses, and the F Company was at the time of 10 million from the F Company.