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(영문) 전주지방법원 정읍지원 2017.12.27 2017고합55
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

In fact, the Defendant did not have any particular property or money under his/her own name and there was no means to pay the agreed profits in addition to the principal given by the Defendant to the victim C, and there was no plan to deliver pine trees to the Seoul E site in cooperation with D companies. The most of the funds received from the victim was paid as the variable for the existing obligation to the victim by the so-called “recovering the return,” and the remaining funds were paid as the repayment of the Defendant’s other obligations or living expenses. Thus, even if the Defendant received money from the victim, there was no intent or ability to pay the principal and agreed profits within the agreed period.

Nevertheless, on March 4, 2016, the Defendant attempted to supply pine trees to the Seoul E site in cooperation with the Dr.D. operated by the G, in the victim’s residence located in the Gowon-gun F of North Korea on March 4, 2016.

In order to pay money, the principal would be paid by selling the pine trees with the money on the 15th day of the following month.

“A false statement” was made.

The Defendant obtained the delivery of KRW 170 million from the damaged party to April 5, 2016 from the time when he received the delivery of KRW 170,000 from the damaged party, and obtained the delivery of KRW 875,00,000 by the same method six times in total, such as the list of crimes in attached Form.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Statement made by the witness H in the fourth public trial record;

1. Statement made to I by the police;

1. Each investigation report (the point of using the money received, the place of using the check, the J, K, L, M, M,O, P, Q calls, the details of the check in his/her front, the identification of the flow of the money, and the verification report on the place of using the check on March 4, 2016);

1. The certificate of borrowing, the account book, and written confirmation;

1. Details of transactions;

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