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(영문) 창원지방법원 2013.04.19 2012고단3328
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant pays 210,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

Around March 12, 2007, the Defendant made a false statement to the victim C through the “E” coffee shop in Seongbuk-gu, Changwon-si, Sungwon-si, stating, “If the Defendant established a factory in Korea to produce and export products, etc. developed by the Defendant, and the Indonesia invested KRW 200 billion in the establishment of a research institute in Korea at the International Space Research Institute (NASA) of the United States, and the amount of KRW 200 billion is included in the Korea Exchange Bank, and if the Defendant lent all expenses to recover it, it would lend KRW 300 million out of the above amount of KRW 200 billion.”

However, in fact, the Defendant’s patent was extinguished, and there was no power to produce and export heat and biochemical energy generated, or there was no plan to establish a research institute in the Republic of Korea under the NASA, and there was no fact that the Indonesia would have invested KRW 200 billion in the Defendant. Since the said KRW 200 billion was not included in the Korea Exchange Bank, even if the Defendant received money from the victim as the expenses for receiving investment in KRW 200 billion, there was no intention or ability to lend KRW 300 million to the victim even if the Defendant received money from the victim as the expenses for receiving investment in KRW 200 billion.

Nevertheless, as above, the Defendant, by deceiving the victim as above, received KRW 35 million from the victim in the same place through the above F, and acquired it by deceiving all six times from that to September 11, 2007, such as the No. 1, No. 3, and No. 7 of the List of Crimes, all of which were 210,000,000 won.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. The statements of witnesses C and F in the third protocol of trial;

1. Examination protocol of the accused by the prosecution (including the first to fifth, F, and C statements);

1. A specification of transactions by customer of the sending price and a specification of transactions by tampion (investigative records, 123 pages, 124 pages).

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