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(영문) 대전지방법원 2018.11.22 2017고단921
사기
Text

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

Reasons

Punishment of the crime

The defendant is the actual operator as the chairperson of Daejeon Jung-gu B Building C, Inc.

On February 8, 2011, the Defendant, along with E and F in public prosecution, produced and sold non-construction materials by establishing D and creating an industrial complex to H in the Gun of Yeong-gun. The Defendant is expected to pay a large amount of money to the victim G.

The amount of 100 million won invested was 10 million won false to mean that 10% of the profits will be paid.

However, the defendant did not have any specific property at the time, and not only bears a large amount of debt, but also has no intention or ability to pay investment money, even if he received money from the injured party due to the lack of possibility of success in the project for the production of non-building materials and the creation of a postponed industrial complex.

The Defendant received KRW 22 million from the damaged party to the Agricultural Cooperative account in the name of E on the same day, and received KRW 188 million from the damaged party as indicated in the list of crimes in the attached Form from March 15, 201.

After all, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Legal statement of a witness I;

1. Recording of a witness F's statement in the third public trial records;

1. Recording of the witness E's statement in the fourth public trial protocol;

1. Recording of the witness G statements in the fifth public trial records;

1. Recording of the statement by the witness J in the sixth public trial records;

1. Recording of the witness E's statement in the seventh public trial records;

1. The part concerning each of the statements of G, E, and F in the interrogation protocol of the prosecution and the police against the defendant

1. A protocol concerning the interrogation of each police suspect against F and E;

1. Each police statement made to J, I,K, and G;

1. Each G statement;

1. L industrial complexes, each real estate transaction contract, each real estate transaction agreement, shareholders' list, written agreement for payment, response to a request for investigation cooperation, all of the registered matters, written request for prior examination, copy of loan, etc., the details of entry and withdrawal of I passbook, details of cash use, transaction details of each passbook, contents of the case, process deed, search and seizure inspection warrant data, and payment note;

1.Each investigation report.

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