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Defendant shall be punished by imprisonment for a term of one year and six months.
Reasons
Punishment of the crime
The Defendant, using the “C” company established in the name of Indonesia, who was trying to develop a mine, failed to meet the funds. On April 2010, the Defendant established and operated C in the name of the local wife of Indonesia to the victim E (67 years old) who became aware of the introduction of D in Busan on April 2010, and produced minerals as five mining rights in Indonesia by the said company.
Since there is a number of money for the supply or export of minerals, such as nitrokly produced in the mine, it is expected to pay 15% of the equity in the mine.
After speaking to the purport that “I will allow I would like to sell minerals to Ik in Korea by investing money,” and 50% of the shares in Indonesia mine permitted under C’s name.
“The meaning of “.......”
However, the defendant only obtained a mining business license in Indonesia F in the name of "C" company at the time, and there was no other fact that he obtained a mining business license, and there was no other share in the horse mine as to the horse mine, and since the mine development project was not well-run, there was no intention or ability to distribute profits as a mining development project even if he received an investment from the damaged person.
Nevertheless, the Defendant, as seen above, received KRW 172,527,000,00 from the time when he received remittance from the injured party on April 9, 2010 to August 2, 2010, as shown in the separate sheet, and acquired KRW 172,527,00 in total on nine occasions as shown in the separate sheet.
Summary of Evidence
1. Part of the protocol concerning the examination of the suspect by the prosecution or the police against the defendant (including the part concerning the statement of the E);
2. Statement protocol by the police for E;
3. A complaint;
4. A copy of the deed of authentication and each letter;
5. Details of each deposit transaction;
6. The application of each prosecutorial investigation reporting legislation to the prosecution.