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(영문) 의정부지방법원 2015.11.24 2014고단4530
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On February 7, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Attorney-at-Law Act at the District Court of the Republic of Korea on April 25, 2014, and the said judgment became final and conclusive.

【Criminal Facts】

1. On October 15, 2010, the Defendant made a false statement to the victim E at a coffee shop stating that “The Defendant would have the victim enter money as a cooperator in GS construction and large forest construction, and supply the main materials.”

However, even if the defendant receives money from the victim, the defendant did not have any intention or ability to register the company operating the victim as a collaborative company of the above company.

From November 15, 2010 to May 25, 2012, the Defendant received total of KRW 25,910,000 from the victim as stated in the attached Table 1 as activity expenses or acquired by remittance in cash from the victim to the account.

2. On May 20, 2008, the Defendant made a false statement to the victim G, the representative of the “F” company, “F, within six months, to allow the F to take care of the disaster, such as large construction, to be a cooperative company of large construction companies, such as large forest construction, etc., within six months.”

However, even if the defendant receives money from the victim, the defendant did not have any intention or ability to register the victim's operating enterprise as a cooperative company.

From May 20, 2008 to September 10, 2008, the Defendant acquired the total amount of KRW 13,500,000 from the victim in cash or merchandise coupon or transferred it to the account through a total of three times, as shown in attached Table 2 of Crimes List 2, from May 20, 2008 to September 10, 208.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E, H, G, and I;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. Statement to E by the police;

1. Each complaint;

1. Name cards and details of account transactions;

1. Previous convictions in judgment: criminal records and references;

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