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(영문) 부산지방법원 서부지원 2019.06.27 2019고합1
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

Around 16:00 on November 1, 2017, the Defendant introduced victims D (60 years of age) at C’s office located in Busan Annual Zone B, via E and F, the Defendant: (a) “The Plaintiff is running G Reclamation Business and Collection Project, which is a national business; (b) the total construction cost is required to exceed KRW 700 billion; and (c) foreign currency funds already come into Korea. The first construction cost is KRW 300 billion; (d) H will proceed with the construction; and (e) the Plaintiff will take over H. The construction will take over at least 30 billion. On the other hand, the Defendant’s loan will take place within 30 billion won; and (e) the loans will take place within the latest 30 days. However, the amount of KRW 200 million is required with bank fees and incidental expenses; and (e) the amount of KRW 500 million is loaned within one month.”

However, in fact, G reclamation business was not only subject to a disposition of non-business failure from the creative viewing on March 19, 2016, but also the company permitted to reclaim the above business at the time is I Co., Ltd., the defendant or defendant company was not related to the above G reclamation business at all, and there was no fact that foreign currency funds was made in the Republic of Korea for the above business.

Nevertheless, on January 12, 2018, the Defendant, by deceiving the victim, was issued five copies of the cashier’s checks at the office of “K” in the Seocho-gu Seoul Seocho-gu Seoul High Court on January 12, 2018.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol of F and E (including D and L statements);

1. Statement made to D by the police;

1. A complaint and a certificate attached thereto (written statement of performance of return of investment money), KRW 500 million receipt, copy of KRW 500 million check, data related to G reclamation projects and soil borrow development projects;

1. Application of Acts and subordinate statutes to investigation reports (the MF-related telephone investigation by the Korea Coast Guard in Busan Metropolitan Area);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes for the relevant crime;

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