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(영문) 대전지방법원 서산지원 2014.01.08 2012고단482

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant entered into a contract with the operator of (ju)G, who is an importer of livestock machinery in Chungcheongnam-gun F, and entered into a contract with Italy H (hereinafter “H”) to import mountain cases, schooling tickets, exhaust ventilation systems, etc. and deliver them to the victim I.

The Defendant, at around November 10, 2010, entered into a basic contract with the victim on an import agency contract of the above country-based case with the victim at the above country-based office, displayed the Defendant’s application for the issuance of an irrevocable letter of credit stating “DPEIT:212,500” in the “DPEIT” column, which is “DPEIT:212,500” to the victim, and the total amount to be paid to HH, including the mountain cases, schooling hingot, exhaust ventilation system, etc., is 425,000, and it is necessary to set 212,500 under the pretext of the down payment.

‘False speech' was made.

However, on November 8, 2010, after the victim visited Hadog and consulted with Hadog on November 5, 2010, the Defendant had no intention or ability to provide H schooling and exhaust ventilation systems as agreed with Hadoging and exhaust ventilation systems because Hadog had had the mind to deliver to the victim the Hadging and exhaust ventilation systems of his company around November 8, 2010 without the victim's consent.

As a result, the Defendant, by deceiving the victim, attempted to defraud the difference equivalent to the difference between the value of Heging and ventilation system and the amount corresponding to the above system of the Defendant company, but the victim was aware of the fact that the Defendant applied for the credit equivalent to 324,721 U.S., not the credit amount equivalent to 425,000 U.S., and did not raise an objection to that effect.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of the examination of a witness with respect to the witness I, J, K, L, M, or N;

1. Protocols of partial examination of witnesses concerning theO;

1. The police of A;