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(영문) 부산지방법원 동부지원 2016.05.23 2016고단214
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On February 23, 2011, the Defendant was sentenced to two years of imprisonment for fraud in the Busan District Court's Dong Branch branch branch, and completed the execution of the sentence on June 27, 2012 in the Port Prison.

Criminal facts

On November 27, 2013, the Defendant: (a) at the coffee shop in Yeongdeungpo-gu Seoul Special Metropolitan City, Yeongdeungpo-gu, Seoul Metropolitan City Ctel 1, the victim D “after the E Headquarters, the inside representative, supported the disclosure of the F candidate; and (b) admitted members of the said organization to G political parties, thereby affecting the presidential election.

H The I Research Institute, which is the president, tried to build a land plantation at a leisure time, and tried to obtain the necessary authorization and permission from the competent authorities with the approval of the presidential election campaign.

I Research Institute's land plantation construction project is being in charge, and it is expected that approximately KRW 10 to KRW 2 billion be in charge of the above plantation construction project.

Finally, in order to carry out the above project, it was false that it would be repaid after lending KRW 25 million to be used as the costs of aerial photography.

However, in fact, it was not necessary to photograph aviations for the above aquaculture construction, and the defendant was planned to use the aquaculture construction for personal purposes, such as repayment of debt, with cash from the injured party. At the time, there was a debt equivalent to about KRW 200 million, and there was no special property or income, so even if he borrowed money from the injured party, there was no intention or ability to repay.

The Defendant received KRW 25 million from the damaged party to the new bank account in the name of the Defendant on the same day as the borrowed money, from around December 24, 2013, from the time to December 24, 2013, the Defendant received a total of KRW 100,000,000 from the damaged party, as shown in the list of crimes in the annexed crime.

As a result, the Defendant received property from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the prosecution with regard to D.

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