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(영문) 창원지방법원 진주지원 2013.05.14 2012고단1993
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 13, 2010, at the defendant's office located in Jinju-si, the defendant stated that "in the event that 100 million won is invested in the F General Industrial Complex development Project in Jin-si E, Jin-si, the land purchase area is 7.14 square meters if the development project is completed, the land substitution area to be received by the individual is 7.14 square meters if it is sold in lots at the ordinary 7.0 million won, and 40 million won if it is excluded from the investment amount, a profit is 50 million won if it is made, and a profit is 200 million won if it is invested."

However, the above FF Industrial Complex development project was in fact impossible due to the answer inappropriate in Jinju, and the above project was promoted in G or the defendant was merely an employee employed in the position of a nominal director from G and did not have the authority to receive personal investments from the victim in relation to the above project. The defendant tried to use the above project for personal purposes, not for the above project, even if he received investment funds from the victim. The defendant did not have the intent or ability to pay investment funds and profits therefrom to the victim.

As above, the Defendant, by deceiving the victim as above, received from the victim the total sum of KRW 30 million on July 13, 2010 and KRW 50 million on July 28, 2010.

Summary of Evidence

1. Each legal statement of witness D, H and I;

1. Each prosecutor's protocol of examination of the accused;

1. The prosecutor's statement concerning H;

1. Second police interrogation protocol against the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes of the contract, each receipt, and payment note;

1. Relevant Articles of the Criminal Act and the reasons for sentencing under Article 347 (1) of the Criminal Act;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Determinations: Type 1 of general fraud (less than KRW 100,000) among the fraud crime groups;

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