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(영문) 대구지방법원 서부지원 2018.05.16 2017고단3048
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who operated a legal entity called (State) D in the name of the former wife C.

On December 2, 2008, the Defendant had a claim for the construction cost on his own to a police officer.

E was changed to I on July 21, 2016.

(D) The business may commence immediately if the investment is made in the state with the consent of all of the residents.

If 100 million won is invested, it may be refunded to 300 million won within a short period of time, upon request by the investor, and E was aware of it.

G introduced the above project to the victim H through G.

G and E introduced the victims for the above reasons, and the Defendant introduced the soil borrow development project on December 15, 2008, and the Defendant obtained 100% consent from the victims to collect the F's soil and sand and deliver it to the Sinhohohoho Lake landfill, and to not file a civil petition from the residents of the surrounding village, and there is no problem in obtaining the soil borrow permission. Accordingly, there is a lot of profit if the Defendant made an investment in this area.

If an investment of KRW 100 million is made, a total of KRW 300 million will be refunded until February 15, 2009.

‘False speech' was made.

However, the defendant did not have any authority on the above F N NE development project, and the application for permission for the development of the above NEM was not received due to the objection of residents, change of government policy, etc., and even if the defendant was paid KRW 100 million from the injured party, he was thought to use it for personal debt repayment, etc., and there was no intention or ability to pay the proceeds promised to the victim.

The Defendant, as above, by deceiving the victim as above, received a total of KRW 100 million from the victim, including KRW 40 million around December 15, 2008, and KRW 60 million on December 18, 2008, from the victim, and acquired it through the D’s veterinary account.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I (before the opening of each name: E);

1. Each part of the witness J and K.

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