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(영문) 대전지방법원 2014.05.02 2013고단1910

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was operating a medical instruments company of a mutual name, “C” in Chinese heart.

On January 13, 2010, the Defendant: (a) at the office of “C” in the Chinese Republic of China on January 13, 2010; (b) taken over the said agency from “C”, where the victim D operates approximately 30 E agencies, and tried to operate the said agency as C agency; and (c) the Defendant stated to the effect that, on the face of the State, the Defendant would have the total sales right to manage 18 agencies in the Chinese Republic of China’s Republic of Korea.

However, at the time, the defendant did not have sufficient financial capacity to accept the above agency from F, and there was no clear plan to accept the above agency, and even if he received 300,000 Chinese money from the victim, he did not have the intent or ability to grant the victim a total right to purchase 18 agencies.

Nevertheless, the Defendant, as above, made a false statement to the victim and obtained a 300,000 Chinese money from the victim, namely, at the time of exchange rate of 49,395,000 won, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and G respective legal statements;

1. Part of the protocol concerning the examination of suspects of the accused (including the D substitute part);

1. A protocol concerning the examination of witness of the police two times against the defendant;

1. Application of Acts and subordinate statutes to investigation reports (for reference H and I telephone communications);

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The defendant alleged that the reason for sentencing under Article 62(1) of the Criminal Act in the suspended sentence is not only the situation concerning the sentencing after the act (the point of time of determining the crime of fraud) but also the defendant's act is not only the situation concerning the sentencing after the act (the point of time of determining the crime of fraud).