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(영문) 대전지방법원 홍성지원 2016.02.05 2015고단499
사기
Text

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

Reasons

Punishment of the crime

[2015 Highest 499] D, around March 8, 2012, at the F office of the F office in Boan-si, Boan-si, Inc., Ltd., Ltd., Ltd., “H I remove scrap metal”, which is to be taken out after entering into a contract with H from F, Inc., a corporation with whom the internal director is in office, to which the internal director is in office, under a contract with H.

In the case of paying KRW 300 million as down payment, the victim's company will be able to take the scrap metal out from the victim's company. The defendant referred himself as the actual representative of F Co., Ltd. and said to the same purpose.

However, since the contract related to the release of scrap metal between F and H was not entered into, the defendant and D did not have any intention or ability to remove scrap metal to the victim.

The Defendant and D, as such, by deceiving the victim, received KRW 100 million in total from the account in the name of J, the Defendant, at around 19:54 on the same day from the victim, to the account in the name of the Defendant, and KRW 200 million in total from around 13:21 of the same month to the account in the name of F Co., Ltd.

Accordingly, the defendant and D were provided property by deceiving the victim as above in collusion with the victim.

[2015 Highest 1173] On November 2013, the Defendant would create 10 times from 7 times to 10 times the investment amount to L in the office of Songpa-gu Seoul Metropolitan Government Office No. 11112.

“.......”

However, in fact, the defendant was planning to acquire money from the injured party by iceizing high profits without specific and realistic investment sources, and there was no intention or ability to return the principal of the investment to the injured party.

On December 2, 2013, the Defendant: (a) by deceiving the victim; (b) obtained the delivery of KRW 100 million total of KRW 240,000,000 won (the check number: M/N) and KRW 10,000,000 won (the check number:O-P) issued in the respect of the trust of the IBK Enterprise Bank; and (c) obtained the delivery of KRW 240,000,000 from the victim.

Summary of Evidence

[2015 Highest 499]

1. Statement by the defendant in court;

1. Each prosecutor's office against the defendant;

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