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(영문) 수원지방법원 성남지원 2013.12.11 2012고단2071
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendants and D conspired to have access to victims E on a date in an irregular and irregular manner, thereby deceiving victims and acquiring money.

Defendant

A and D made a false statement to the effect that, around September 27, 2006, the victim met within the mutual infinite coffee shop located in front of the shift station in Seocho-gu Seoul, Seocho-gu, Seoul, but D would purchase the victim the amount of KRW 1 billion for the purchase price of KRW 458,576 square meters in F in front of the front-gu, Chungcheongnam-gu, Chungcheongnam-do. Since the operation fund of the recycling plant is necessary for the recycling plant operated in the Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-gu, Chungcheongnam-do, the Plaintiff would receive KRW 100 million from the bond company as security and repay all the loans, part payments, and remainder all at once within the Han-gu, Seocho-gu.

However, in fact, D did not operate a waste disposal plant, and did not have the ability to purchase the forest above, and the Defendants planned to raise funds from the victims from the beginning and use them in other places.

On September 28, 2006, the Defendants: (a) by deceiving the victims as such; (b) had the victims set up a collateral mortgage on the forest and land; and (c) had the bond company G borrow KRW 100 million from G; and (d) received from the victims the remaining amount of KRW 60 million after deducting KRW 20 million as expenses for financing bonds among KRW 100,000,000 as expenses for financing bonds and KRW 20,000,000 as the above forest and land sales contract.

Accordingly, the Defendants, in collusion with D, deceiving the victim and defrauded 60 million won.

Summary of Evidence

1. Defendant B’s statement in the second trial record;

1. A copy of each protocol of examination of witness in relation to E, H and I of the Suwon District Court's Sungnam Branch's 2008 High Court's 2446, 2009 High Court's 682 (Merger);

1. Each prosecutor's interrogation protocol of Defendant D and Defendant B (including each prosecutor's interrogation protocol of each prosecutor's interrogation protocol of each prosecutor's interrogation of D, H and I);

1. Each police statement made to J, E, H, and I;

1. Each report on investigation;

1. Each complaint, specification of transactions, copies of bankbooks, and copies of bankbooks;

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