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(영문) 광주지방법원 2018.06.12 2017고단4206
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is the representative director of corporation B, the purpose of which is to build solar power plants.

1. On August 2014, the Defendant may install a solar power plant at this place to the victim E in the middle restaurant of “D” located in Seo-gu, Seo-gu, Gwangju.

Where a solar power plant project is operated in 100kw, approximately KRW 3-400,000 may be earned in one month.

As down payment, KRW 100 million will immediately enter the construction, and complete the construction within 2014.

The term "a contract for the construction of a G-powered power plant is concluded under the name of the victim, the victim, and the husband F, who believed this purport, and received a total of KRW 200,000,000 from August 27, 2014, KRW 29,30,000,000 on September 15, 2014, KRW 500,000 on September 5, 2014, KRW 16.5,000 on September 5, 16, and KRW 17.45,000 on September 17, 200 as the contract deposit.

2. On September 14, 2014, the respondent concluded a contract for the construction of solar power plants with the victim J, who believed to be the dynamics of the said victim E in the Seocho-gu Hamman, Seo-gu, Gwangju, and received KRW 100 million from the damaged party as the contract deposit for construction works.

However, in fact, the defendant will install solar power plants.

The land located in the Republic of South and North Korea is not the mother ownership of the defendant, and there was no consent from the landowner, and the authorization and permission related to more than the capacity of solar power generation in the relevant region is uncertain, and even if the victims receive the contract deposit from the victims, they used the money as construction cost for the installation of the solar power plant in the south of South and North Korea, so the defendant did not have the intention or ability to implement the installation of the solar power plant according to the contract with the victims.

Accordingly, the defendant, by deceiving the victims, has taken a total of KRW 300 million.

Summary of Evidence

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Prosecutions against the Defendant and the Defendant.

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