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(영문) 서울북부지방법원 2012.11.07 2011고단802
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant became aware of the Victim B (Nam, 54 years of age) and the “Satodol Society”.

The facts are as follows: (a) even if a person borrows money from a victim, he did not have the intent or ability to repay the money in time; (b) even if he/she acquired a construction company, he/she did not have the ability to receive the construction and take profits from the construction; (c) on December 12, 2007, he/she can be viewed as profits if he/she received the construction company and received the construction from the victim; (d) on the first floor of the Goyang-gu Seoul Building on December 12, 2007, "I would be able to obtain the construction company by acquiring the construction company. When he/she borrowed expenses, I would be able to do so within the several days," and he/she received 2 million won in the indictment on August 29, 2008, and "two million won" in the indictment on August 26, 2008, under the same name as the case of a clerical error,

9. On the 23th day of the same month, the bill of indictment was received in money of three million won, and it was received on the 26th day of the same month, and the "24th day of the same month" in the bill of indictment means that "on the 26th day of the same month, if the acquisition fund of the EE Co., Ltd. is lent, it would acquire a company and left a lot of profits after the construction work," and it was received from the victim as the fund for acquiring the company, "250 million won" in the bill of indictment in the name of 230 million won as the fund for acquiring the company, "25 million won as of October 7 of the same year," and "the 8th day of the same month on the 18th day of the same month" in the same name as the same day, and obtained from the victim the amount of 290 million won, including the total sum of KRW 16 million as of January 16, 2009.

Summary of Evidence

1. Legal statement of witness B and D;

1. Statement of the police by the prosecution concerning B;

1. Application of certificates of payment by account transfer, certificates of transaction details, certificates of deposits without passbook, and certificates under statutes;

1. Article 347(1) of the Criminal Act, the choice of imprisonment with prison labor, inclusive, with respect to applicable legal provisions and the choice of punishment for the crime;

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