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(영문) 수원지방법원 여주지원 2014.04.07 2013고정508
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 19, 2011, the Defendant, at the main point of "D in the Gyeonggi-si, Gwangju-si, concluded that "If the Defendant acquired waste disposal business entities located in the Gyeonggi-si, Chungcheongnam-do, and made investments in the establishment of a new corporation around May 2012, the Defendant would give 5% of the operating rights of the new corporation and the shares of the corporation" to the victims E (Nam and 51 years of age).

However, there was no intention and ability to take over the corporation even after receiving the investment money, so the victim could not have the right to operate the corporation and the shares.

As such, the Defendant received from the victim the transfer of KRW 7 million on December 20, 201, KRW 13 million on January 13, 201, and KRW 20 million on the pretext of the victim’s investment.

Summary of Evidence

1. Statement of the defendant in part of the first trial record;

1. A protocol concerning the suspect examination of the accused;

1. Each statement of witness E and F;

1. Application of Acts and subordinate statutes on the details of transactions of entry and withdrawal, details of agricultural transactions, and details of transactions of national banks;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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