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(영문) 대구지방법원 포항지원 2017.01.11 2016고단1195
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 27, 2015, the Defendant: (a) at the office of D Co., Ltd. in the south-gu, Chungcheongnam-gu, Chungcheongnam-si; (b) “The Defendant is running the business of picking aggregate in the old cancer industrial complex located in Gyeongcheon-gu, Gyeongcheon-gu; (c) returned the principal when investing the funds; and (d) made the principal equal to the principal.

“A false statement was made to the effect that it was “.”

However, at the time of the fact, the aggregate extraction project did not become final and conclusive because it is difficult to procure the cost of creation, etc., and even if receiving the investment money, it is thought that it will be used for an individual purpose, such as repayment of its obligation, and thus, there was no intention or ability to repay the principal and profit even

The Defendant, from damage to the Defendant, KRW 60 million around July 27, 2015, and the same year.

8. Around 21.20 million won, including KRW 160,000,000,000,000 was remitted to a new bank account under one’s own name and acquired it by fraud.

2. On December 1, 2015, the Defendant invested KRW 300 million in the victim’s business of collecting aggregate in Yongcheon Industrial Complex with telephone from the street on December 1, 2015, and invested KRW 200 million in the victim’s business of collecting aggregate.

The principal shall be repaid in two months, and the profit shall also be guaranteed one billion won.

“A false statement was made to the effect that it was “.”

However, the defendant did not have invested money in the above business, and even if he did not receive the above investment money from the injured party due to the lack of the fact that the defendant continued to extract aggregate, he did not have the intent or ability to repay the principal.

The defendant obtained 300 million won from the damaged person as investment money and attempted to acquire it by fraud, but he attempted to commit it with the wind that the victim does not respond.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement protocol by the police for E;

1. Seeking financial investment contracts and details of transactions;

1. Written answers by public officials in charge of Youngcheon-si;

1. The investigation report (the permission of extraction of aggregate between G and H in Scheon-si).

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