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(영문) 서울북부지방법원 2015.07.23 2014고단2890 (1)
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On June 23, 2011, at the Defendant’s office located in Jung-gu Seoul, Jung-gu, Seoul, the Defendant and C told the victim E to the said victim as “(a) the Hyeongbuk Industrial Foundation created a park cemetery. (b) the G has the right to a wood contract. Our government received a subcontracting contract from (c)G. When investing KRW 30 million in us, the Defendant and C shall return KRW 60,000,000,000 to 3 months.”

In fact, the Defendant and C did not have any physical and human means to carry out a cover contract, and there was no specific plan on how to carry out the construction by investing each amount of money. At the commencement of the construction, the Defendant and C merely intended to borrow money from re-subcontracts, or to return twice the investment amount to the victim by receiving advance payment from the State.

In addition, the Defendant and C prepared an agreement to the effect that they will start up on June 20, 201 between the (ju) G and the (ju), but they did not start on the ground of the mail iron even after the scheduled date for commencement of the construction has already passed, and there was no intention or ability to return the amount of 60 million won which is two times the investment amount to the victim within three months.

Nevertheless, in collusion with C, the Defendant received 30 million won as an investment deposit from the victim of the false statement, and at that time, transferred from C to C’s Busan Bank account (H) in the name of C.

2. Around July 25, 2011, the Defendant and C told the victim E at the coffee shop in the Jung-gu Seoul Special Metropolitan City’s underground buildings, stating, “The Defendant and C shall pay the business entity a down payment of KRW 30 million,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.”

(b).

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