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(영문) 대전지방법원 홍성지원 2014.07.22 2014고정115
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 2,000,000, and by a fine of KRW 5,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

On March 201, the Defendants conspired to receive the amount of the supply of the sea ginseng by deceiving the victims as if they were collected and supplied the sea ginseng.

Defendants are two times from March 8, 201, 201, the victims E and the victims F are able to read in the D D D located in Hongsung-gun, Hongsung-gun around March 8, 201.

6. The purpose of this, which could supply 90 tons of sea ginseng up to 30.30, stated to the effect that "the contract bond of 20 million won is changed."

However, the Defendants did not have the intent or ability to collect and supply piracy even if they received the contract deposit from the victims because they did not have any permission, equipment, and vessel necessary for collecting piracy, and they did not have any experience in collecting piracy, and Defendant A did not have any intent or ability to return the contract deposit to the victims because they did not have any particular property or occupation, even though Defendant A had any obligation of KRW 10 million for NAFF loans, KRW 5 million for NAF loans from G, and KRW 35 million for NAF loans, and Defendant B did not have any intention or ability to return the contract deposit to the victims.

Nevertheless, the Defendants received KRW 20 million as a contract deposit from the victims to the Agricultural Cooperative (H) account under the name of the Defendant A on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to I and J;

1. Investigation report (the current status of investigation of confirmation of the first contractor F counterpart telephone);

1. Three copies of a record (the same copy) dated 07, 2013;

1. Application of Acts and subordinate statutes of each contract;

1. Defendants: Articles 347 (1) and 30 of the Criminal Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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