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(영문) 서울남부지방법원 2014.08.29 2014고단1467
사기
Text

Defendant

A and B shall be punished by imprisonment for eight months, and by imprisonment for ten months, respectively.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a current or former representative of the G company, B is a former employee of the H company, and C is a former representative of the I company.

The Defendants obtained the J’s business plan and relevant plan, which had been implementing the Alley-dong development project in the Jan-si, J around May 2007, and used the investment funds from the victims to use the funds for the expenses, office operating expenses, personal use, etc. for the business owners of the said golf course.

On May 3, 2007, the Defendants made a false statement that “The Defendants would collect soil and sand from the 9th floor office in the 19th floor in the Hari-si Office in the Hari-si Office in the Hari-si, Hari-si, Hari-si, and in fact make a landfill construction at the construction site in the 197th floor in the Hari-si, Chungcheongnam-do, and that “the 4 million Won will be ordered to execute the construction at the site of the new port in the Busan.” The Defendants would have ordered the construction at the site of the new port in the Hari-si, and will return the 40 million Won by October 31, 2007.”

However, the above Alleydong Development Project was promoted by J around May 2006, but was suspended from the second half of 2006 due to the failure of the landowner's consent. The Defendants thought to receive money from the victim to be used as expenses, personal usage, office operation expenses, etc. for receiving other construction, and the Defendants did not have the intent or ability to return the investment money until the date when the said construction was made or promised, even if they received the investment money from the victim because there was no property at the time and there was no monthly or low-income situation in the above office.

Nevertheless, the Defendants deceiving the victim as above and received delivery of KRW 40 million from the victim at the same place on May 29, 2007.

As a result, the Defendants conspired to obtain 40 million won from the victim.

Summary of Evidence

1. Defendants’ legal statement

1. Statement to the Prosecutor's Office;

1. Statement of the police concerning L;

1. A written agreement on construction project investment, and a detailed statement of passbook;

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