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(영문) 서울중앙지방법원 2013.12.18 2013고단4892
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On November 24, 2008, the Defendant stated to the effect that, at the office of the Defendant located in Gangnam-gu Seoul Metropolitan Government, “Indonesia Mining Development Project, the Defendant has invested money in the victim D. Prior to this, 60 million won, which was previously ordered to perform the removal construction work in relation to the apartment redevelopment project performed by the F company located in Nam-gu, Namyang-si, Gyeonggi-do, to be invested in the said mine development project. The Defendant would compensate for the damages incurred by the removal of money, and would be punished with a large amount of money.”

However, in relation to the Indones Mining Project, if the defendant entered into a contract on the joint coal development project with G and H coal mine on October 26, 2007 and entered the production stage, the defendant was required to pay expenses to the owner of the mining right, and the amount of mining expenses from 15 billion won to 20 billion won was required, but it was not possible to receive the loan because the conditions of the financial institution could not be met. Ultimately, in the process of the test production of the land to be developed around 2008, it was judged that there was no possibility of collecting the coal development project due to the increase of the household mining cost, and the suspension of the coal development project and the payment of the profits to the funds borrowed from other investors than the victim was not made, and even if the defendant borrowed money from the victim, there was no intention or ability to compensate the lost money in the previous business as agreed to do so.

Nevertheless, the defendant deceivings the victim as above, and up to November 24, 2008 from the victim, 40 million won around February 20, 2009, 5 million won around February 20, 2009; and

3. 17. Minority: 5 million won, and the same year;

5. 30. Minority: two million won, and the same year; and

6.1. A million won around the same year, two million won around December 12, 200, two million won around January 21, 2010, and two million won around the same year;

3.8. Minority one million won, and the same year;

4. 20.

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