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(영문) 대구지방법원 의성지원 2016.11.30 2015고단133
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a unemployment week B that runs a project to design and construct solar power plants.

On January 31, 2013, the Defendant: (a) at the victim D’s house located in Seongbuk-gun, Gyeongdong-gun; (b) the Defendant did not have any technology or qualification to directly construct solar power plants; (c) the Defendant did not intend to use it as construction cost even after receiving the payment for the construction of solar power plants from the victim; (d) the Defendant did not intend to return the down payment received from the victim upon suspension of the construction of the power plant; and (e) even if there was no constructor who accepted the terms and conditions of the installation, which is the purport that the construction would be paid in full after the completion of the construction, the Defendant would not have any intent or ability to return the down payment received from the victim; and (e) even if there was no constructor, who has accepted the terms and conditions of the installation, of the installation of solar power plants at home, the Defendant would incur profits of at least KRW 500,000 per month on the basis of 10,500,000 won for the construction cost of KRW 148,50,00,000 won.

The Defendant, from around that time to August 23, 2013, received a total of KRW 156 million from five victims to six times through the same method as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, D, G, and H;

1. A complaint;

1. Investigation report (related to details of transactions of a company passbook, I telephone investigation by complainants, and F telephone conversations by complainants);

1. A copy of each solar power generation contract, a copy of each remittance data, the former part of the publicity, the data submitted by the suspect (such as a copy of the power generation business license, a copy of the business registration certificate, etc.), and the statement of deposit and withdrawal of the business account (post office account) did not mislead the victims as stated in the facts constituting a crime in the judgment.

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