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(영문) 춘천지방법원 원주지원 2019.01.17 2017고단1299

사기

Text

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

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. in the main city B, who has been engaged in the brokerage and trade business.

1. The Defendant, who committed the fraud of USD 8,100, did not have an intention or ability to supply Brazil, and on February 2016, received USD 8,100 in the name of the E bank account (F) in the name of the said company from the victim of the said company from the victim D (D, Australia) to the effect that “if the said amount was paid USD 27,00,000, the Defendant would be supplied as Vietnam with a package of container 1.” On March 3, 2016, the Defendant acquired USD 8,100 in the name of the down payment from the victim to the E bank account (F) account in the name of the said company.

2. On March 3, 2016, the victim of the crime of fraud constituted USD 72,900 deposited USD 81,000 in actual number in the process of depositing the down payment.

Around that time, the Defendant did not have the intent or ability to supply the 10th Brazil of the container, the Defendant newly entered into a contract with the victim to the effect that “In full the 81,000 US dollars remitted by mistake shall be the down payment, and the 10 US$270,000 shall be the 10 US dollars of the container, and the 10 US$2,000 shall be the 10 US dollars of the container shall be the 10 US dollars of the 270,000.” Accordingly, the Defendant acquired the same property profits by newly entering into a contract with the victim to supply the 81,00 US dollars of the 10 US dollars of the 10 US dollars of the 10 US dollars of the total price as the 270,000 US dollars of the 10 US dollars of the 24 March 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol of examination of part of the defendant by prosecution;

1. The suspect interrogation protocol of some police officers against the defendant (including the substitute part);

1. The complaint, the first contract, the deposit receipt on March 3, 2016, the G e-mail, the quality guarantee contract on March 13, 2016, one copy of the PI on March 14, 2016, and three copies of the negotiating credit.