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(영문) 대구지방법원 포항지원 2017.11.23 2017고단220
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

[Criminal Records] Defendant B was sentenced to a suspended sentence of three years of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (damage to a group, deadly weapon, etc.) at the Changwon District Court on March 24, 2015, and the judgment became final and conclusive on April 1, 2015.

[2] The Defendants, on June 17, 2014, conspiredd Defendant C to acquire money from the victim G in the name of business operation expenses, etc. on the loan of the above contract, by means of a crypting that Defendant C prepared the “joint contract for the complex development project” with E and F note.

On June 25, 2014, the Defendants shown the “joint contract” to the victim at the I Office located in Nam-gu, Nam-gu, Sinpo-si. “C is proceeding with the “F State Complex Development Project” to the operator of the construction enterprise called J in Busan, who is located in J in P in Busan. When investing KRW 150 million in this project, we will undertake a consultation with the business necessary for securing the project site, preparation of the project plan and selection of the contractor, preparation of the construction cost, and progress of other projects, and make a construction subcontract with 30% of C’s share and 60% of C’s share.

“The phrase “ was false.”

However, the defendants did not have the intent or ability to make a financing or to select a contractor related to the above project even if they received the money from the damaged party only because they were to use the money for their own debt or living expenses.

The Defendants deceiving the victim as above, and were transferred KRW 100 million to the account in the name of L bank under the name of operating expenses for business operations from the damaged party.

As a result, the Defendants conspired to deception the victim and acquired the property by receiving the property.

Summary of Evidence

1. Defendants’ respective legal statements

1. The protocol concerning the interrogation of the Defendants to the prosecution

1. Statement made by the prosecution with regard to G;

1. Statement made by the police for E;

1. Investigation reports (Attachment of details, etc. of personal financial transactions);

1. Before judgment:

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