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(영문) 인천지방법원 2012.12.21 2012고합1071
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant is the representative director of building dismantling construction business Co., Ltd. (hereinafter referred to as “C”).

On July 201, 201, the Defendant started to exchange with the victim D by putting the phone to the victim D, “E Elementary School 16. It became aware of contact points in order to find the arm who has been loved even at that time.” On July 201, the victim’s house located in Yeonsu-gu Incheon Building 103 Dong 1003 Dong-gu, Yeonsu-gu, Incheon. On July 201, the Defendant was responsible for the removal of the Incheon Factory (hereinafter “Dongyang steel Chemical”). The Defendant was 60 million won out of the construction cost, which was 1.2 billion won, and 60 million won out of the construction cost. The Defendant was able to fully repay the principal within one month and to receive KRW 30 billion in expected profits from the construction work within one month, and the Corporation was going to receive KRW 500 million from the military subcontractor’s subcontractor’s subcontract in return for the amount of KRW 500 billion to be recovered.”

However, not only the defendant was the victim and E elementary school, but also C did not enter into a contract for the removal of the above factory with the victim, but also did not have been scheduled for the Incheon Factory Removal Corporation for the same chemical, and if the removal was actually carried out, it was consulted with the person who is trying to receive it, and there was no fact that the subcontract was entered into on a regular basis.

In addition, even if the victim received money from the victim, he/she thought that most of them will be used for the management of the company, repayment of personal debt, etc., and even if the defendant received the investment money from the victim due to bad credit standing, he/she did not have any intent or ability to pay the principal or profit within one month.

Nevertheless, the defendant deceivings the victim as above.

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