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(영문) 서울남부지방법원 2016.05.11 2015고단5036
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

1. On March 12, 2013, the defrauded of the borrowed money related to the mine located in Young-gun C in Gangwon-do would be repaid to the victim D in a Buddhist land located in Young-gun, Gangwon-do (Seoul) around March 12, 2013.

“Falsely speaking to the purport that it is “ shall be paid” to the victim on May 10, 2013 at the French-gun, Young-gun, Gangwon-do (U.S.) and on May 10, 2013, by lending KRW 30 million to the victim.

“A false statement” was made.

However, the Defendant did not have any intent or ability to repay money even if it borrowed money from the injured party, since the Defendant received funds from (ju) E without any special property or income as investment money from (ju) and paid the operating expenses, personnel expenses, and equipment costs necessary for the development of the Young-gun mine.

Nevertheless, on March 12, 2013, the Defendant: (a) received KRW 5 million from the victim by deceiving the victim; (b) transferred the Defendant’s wife F bank account (Account Number G) around March 12, 2013; and (c) received KRW 30 million from the above F bank account around May 10, 2013.

Accordingly, the defendant was given property by deceiving the victim.

2. On May 2013, the Defendant, at the time of residing in the Gyeongbuk-do, through deceptionation of the investment funds related to H mine located in the Gyeongbuk-do, was the victim D as stated in paragraph (1) of the said paragraph, with a view to investing money in the amount of money because the mine located in the Gyeongbuk-do is economically economical at the time of residing in the Gyeongbuk-do. First of all, the Defendant shall enter into a land lease contract with I and the owner of the mining site, and send money

different types.

‘Falsely false.'

However, in fact, the Defendant intended to use the money transferred from the damaged party for the purpose of operating expenses and personal living expenses of the Young-gun C mine located in the Young-gun, so even if he received the money from the damaged party, he did not intend to use the money for the development of the H mine located at the time of residence.

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