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(영문) 수원지방법원 안양지원 2018.04.17 2017고단1728
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On October 20, 2016, the Defendants were sentenced to two years of imprisonment for each crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the early branch of the Chuncheon District Court on October 2016, and the judgment became final and conclusive on April 6, 2017.

[Criminal facts]

1. The Defendants’ joint crime committed by the Defendants is the representative director of GG in charge of the mining concession of the F-style mine in Gangwon-gun E, and Defendant B is a person registered in the mining ledger around June 13, 2013 with one (15%) from among the extraction right holders of F-style Mining.

In May 2013, the Defendants, at the office of the KJ in Gangwon-gun, may mine the victim I “at the end of two months after investing KRW 300 million in the G office of the KJ in Gangwon-gun, and may sell the mined house to the victims of the house in China by receiving a large amount of money.

When investing KRW 150,000,000, which will distribute sales proceeds to 50:50,000, the rest of the investment will be invested by us.

At the same time, the first down payment of KRW 100 million will begin mining of the rooftop mine.

The phrase “ makes a false statement.”

However, the Defendants did not have any funds or property to be invested at the time, and actually excavated a tunnel of about 2.70 meters in depth in the F-style mine in order to extract a rooftop. However, the amount of excavation work ( approximately KRW 3.5 billion in cost of excavation work per meter) is expected to require approximately KRW 1 billion, and it was impossible to extract a rooftop for 2 months only with the money damaged by the injured party, and even if a rooftop was extracted without contact with the Chinese merchant for the purpose of selling a rooftop, the Defendants did not have the ability to deliver the sales proceeds to the injured party.

Nevertheless, the Defendants, as such, by deceiving the victim and receiving KRW 30 million from the victim to the Agricultural Cooperative Account (J) in the name of the Co., Ltd. in the Bank of Korea on July 28, 2013, and acquired KRW 169,017,147 in total on 23 occasions from July 28, 2013 to November 15, 2013, including the receipt of the transfer of KRW 30 million from the victim, as such, from July 28, 2013 to November 15, 2013.

In this respect.

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