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(영문) 춘천지방법원 속초지원 2013.12.18 2013고단314
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around November 10, 2009, the Defendant agreed to the effect that, upon entering into an investment agreement with the victim E and F at the D office located in Mapo-gu Seoul Metropolitan Government, the Defendant would sell future imported goods and pay 15% of the proceeds therefrom, and then distribute 15% of the proceeds therefrom by disposing of them in the future at the D office located in Mapo-gu Seoul Metropolitan Government.

However, even if the company's operating expenses, etc. are consumed by continuously disposing of asbestos slate that had been continuously invested by the victim in return for the settlement of the profit distribution, the company did not have any intent or ability to distribute the profits equivalent to the amount of the investment to the victim due to the lack of specific fund management plans and financing capacity under the premise that the proceeds from disposal of existing asbestos slate are actually distributed to the victim under the circumstances where the failure of the company's import business of Chinese construction materials is unclear, and there was no intention or ability to return the amount of the investment.

As above, the Defendant, through F on November 10, 200, by deceiving the victim as above, obtained KRW 15 million from the victim, through F on November 10, 2009, KRW 10 million through F on December 26, 2009, KRW 10 million on December 19, 2009, and KRW 6.5 million through F on April 30, 2010, and acquired KRW 32.5 million in total by transfer to the account in the name of G that is the birth of each Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Third police suspect interrogation protocol (including the E and F statement protocol) against the accused;

1. Application of the loan agreement (hereinafter referred to as " October 1, 10"), the fact-finding confirmation (hereinafter referred to as " October 3, 11"), the statement of transactions, and the agreement on November 10, 209 to the law of November 10, 209

1. Criminal facts;

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