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(영문) 대전지방법원 논산지원 2014.04.08 2014고단55
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

[Prior Crimes under the latter part of Article 37 of the Criminal Code] The defendant was sentenced to ten months of imprisonment with prison labor on September 4, 2009 for the charge of forging private documents in the Daejeon District Court's Masan Branch, and the judgment became final and conclusive on September 12, 2009.

【Criminal Facts】

The defendant is a person who had a representative director B of a corporation.

On September 206, 2006, at a restaurant where it is impossible to know the trade name in Chuncheon-si, Chuncheon-si, the Defendant issued a contract deposit and intermediate payment to the victim C by purchasing a real estate development project at our company, and purchasing the D, 23,160 square meters and 23,160 square meters and 23,160 square meters and 23,160 square meters, respectively. In order to stop the house, the Defendant is receiving an investment from the construction cost. The Defendant completed the house from which an investment was made in the construction cost to 150% of the profit.”

However, in fact, the Defendant did not have obtained the authorization and permission necessary for the construction of the electric power resource housing complex, and even if he was unable to complete the construction in a short period even if he was unable to attract investment from investors, and thus, it was sufficiently anticipated that the Defendant would not pay the agreed high-rate profits unless a new investor is detained, so long as it is necessary to take a way to redeem investment funds and profits to the existing investors by using the investment funds attracting from subordinated investors, it is difficult to do so. Therefore, the Defendant did not have any intent or ability to pay the agreed high-rate profits

On September 6, 2006, the Defendant received 33 million won from the victim’s false statement to the Agricultural Cooperative Account (E) under the name of the Defendant on September 6, 2006. On September 15, 2006, the Defendant received KRW 5 million and KRW 1 million from the said account on September 15, 2006. On January 30, 2007, he acquired KRW 50 million from the said account and acquired KRW 89 million in total on four occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. The written opinion (the accompanying documents of the investigation report (the investigative record No. 44 pages)) and each;

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