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(영문) 수원지방법원 2021.02.04 2020고단1945
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 2017, the Defendant may receive profits for the period of 20 years each year by participating in solar power development projects with a considerable amount of time in Japan, from the victim B, who is a branch of a business expense, at the beginning of January 2017.

In the future, there is a need for aviation expenses, travel equipment, and business operation expenses, etc. according to the business trip frequently in Japan.

It will be changed from July 2017 to August at the latest, 201.

Even if the investment profit is not a profit, since the land in the Republic of Korea has a total of 3,00 square meters, it is capable of fully repaying the loan from the sale of the land.

“The purpose was to make a false statement.”

However, in light of the progress of the above business, it was impossible for the Defendant to receive investment profits from the victim until August 2017 to repay the borrowed money to the victim. Even if the Defendant received the borrowed money from the victim, the Defendant was thought to consume the Defendant’s existing debt, living expenses, etc. regardless of the project implementation, and the land owned by the Defendant was not more than 3,000 square meters but not more than 900 square meters, and the Defendant was the same as the Defendant’s living together with the person holding the ownership, so the Defendant was unable to repay the borrowed money to the victim by selling it in mind.

As above, the Defendant, by deceiving the victim as above, received delivery of KRW 30 million on March 31, 2017, KRW 30 million on May 18, 2017, KRW 20 million on May 19, 2017, and KRW 53 million on May 19, 2017, from the victim as the borrowed money.

2. On May 19, 2017, the Defendant is proceeding with a solar power generation development project with a considerable amount of time in Japan on and around May 19, 2017, to the said victim.

In order to undergo the investment deliberation necessary for the project, it is intended to pay 70 million won to the law firm C and Japan D's D's law offices.

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