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(영문) 인천지방법원 부천지원 2017.06.23 2016고단3353
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On January 9, 2008, the defendant tried to develop a mine in six lots of land, such as Kimpo-si D, Kimpo-si, Kimpo-si, Kimpo-si, 248-1.

This mine can develop the mine immediately after obtaining permission, so if the permission cost is paid, 7% of the pure profit from the development of the mine will be paid to the party.

The phrase “the phrase was false.”

However, the defendant did not complete the transfer of land ownership for the development of a mine, and even if he received money from the injured party due to the lack of experience in mining development, he did not have any intention or ability to develop a mine by using the mining permission cost.

The defendant received KRW 200,000 from the damaged person, namely, the money for permission, and received KRW 50,00,000 from the office operated by the other F outside of the case in Kimpo-si, Kimpo-si on September of the same year as permission expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and G;

1. A report on investigation (Submission of details of banking transactions);

1. Application of the Acts and subordinate statutes related to promissory notes, process certificates, loan certificates, and mining permission;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Determination as to the assertion by the defendant and his/her defense counsel under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act for the aggravation of concurrent crimes

1. The summary of the assertion is KRW 180 million in total that the Defendant received from the injured party.

The defendant has made efforts to develop a mine and invested approximately KRW 2 billion, and the defendant does not have any intention or ability to develop a mine.

2. Determination

A. According to the evidence, the following facts and circumstances are acknowledged.

(1) A victim has been making a concrete and consistent statement from an investigative agency to this court about the facts of damage, and is credibility in such statement.

(2) When the victim has paid money to the defendant, the victim was sharing the same money.

G grants money to the victim.

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