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(영문) 의정부지방법원 2015.01.19 2014고단2700
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2014 Highest 2700"

1. The Defendant, in relation to the victim D, intended to operate a terminal, provided that there is no property such as movable property or bank deposits owned by the Defendant, and the rice State-owned plant under operation actually opens or takes over the place of business by receiving the total amount of funds to take over the terminal from the employees who would not have the length to prepare funds to take over the terminal, but the Defendant would bear half of the acquisition cost of the place of business together with the Defendant, and would take over and operate the place of business to divide the profits therefrom, and would receive investments from them.

Therefore, the Defendant, on May 15, 2009, received “G” rice operated by the Defendant located in the Gyeonggi Yang-si, a package factory, “in 50 years of age,” and “it cannot be said that it is a factory that is supplied to E by the rice station water plant.” The president of the E must go H, and the president of the E must go h. H., the president of the N. T. H., and the president of the N. T. H., the amount of KRW 140,00 won is required to take over one of the E’s business offices, and the amount of KRW 140,000,000 is 10,000 if he/she takes over the business office by investing in the amount of KRW 1,00,000,000,000,000 per month revenue. In contrast to the fact that I had a business office now, he/she has invested it, thereby having divided profits.”

However, in fact, the defendant is not the two children of the above E chairperson, but the defendant was under pressure of funds due to the business failure of the defendant's place of business operated at the time, and even if he received investment funds from the victim, he did not have the intent or ability to pay profits, and further he did not have the intention or ability to invest the amount equivalent to KRW 70 million.

Nevertheless, around June 5, 2009, the defendant believed that he/she has invested half of the acceptance fund of a business office from the victim, and KRW 5 million from the account under the name of the defendant.

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