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(영문) 서울서부지방법원 2015.07.15 2015고단1250
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

From March 2013, the Defendant, at the Jung-gu Seoul Special Metropolitan City Office Ctel 909, conducted a comprehensive construction project, to the victim E, “Any other project for the development of tin mountain on one parcel other than Pyeongtaek-gun F in Gangwon-do, while conducting a comprehensive construction project. The project for the development of tin mountain and the supply of tin, etc. from the tin mountain is a money business. It is not a project for 1 and 2 years, but a project for tin mountain development, etc., which may be carried on to be carried on by citizens for more than 20 years in the future. The authorization and permission of tin mountain development is a project for the financing of 2.6 billion won at the company bank if the permission falls off, and it is only a money necessary to find a permit. The final date of the application for permission for the development of tin mountain is no more than 50 million won. The principal shall be given within 3 months, the share shall be reduced separately, and the share shall be 3% within one year or more.”

However, in fact, the defendant had the intention to use the money received from the victim for personal purposes, and even if 50 million won were delivered from the victim, it did not have the intention or ability to pay the principal to the victim and to make profits through tinsan development.

Ultimately, the Defendant, by deceiving the victim as above, obtained a total of 50 million won, including KRW 30 million around April 8, 2013, and KRW 20 million around the 10th day of the same month from the victim to the Agricultural Cooperative (H) account under the name of G company.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Details of financial transactions, replies, and investigation reports;

1. Application of Acts and subordinate statutes to the certified transcript of a corporate register, a certified copy, a certified copy of the name card, a plan for the development of tin and tin mines, authorization of the establishment of a mining concession right, a letter of commitment, a copy of a loan, a copy of a receipt, a

1. Relevant provisions concerning facts constituting an offense;

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