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(영문) 청주지방법원 2020.02.06 2019고단554

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On April 2016, the Defendant stated, “A” to the victim B, at the mutual infinite coffee shop located in the credit of Yeongdeungpo-gu Seoul Metropolitan Government, that “an employee who knows in Korea is well aware of Germany, and it is possible to purchase “C” German finites. The Defendant provided that “C” will import finites of the remainder 50% of the annual 50% of the annual 50% payment.

However, around January 2016, the Defendant was trying to import CPs, but the Defendant was not able to import the said CPs at least KRW 50,000,000 to pay to the sales agency, and the Defendant was also unable to properly proceed with the said CPs. Since it was difficult for the Defendant at the time to store down payment of KRW 4,50,000,00,000 for the said CPs, and there was no intention or ability to import the CPs, even if he received money from the victim, since the Defendant was in need of considerable money due to the difficulty in both the et travel business and the business of importing Kim Jong-in in the Thailand, and there was no need to pay up to 50% of the price to be borne by the Defendant.

Nevertheless, the Defendant, as seen above, received KRW 28,142,00 from the date and time to January 18, 2018, a sum of KRW 28,142,00,00 from the victim’s new bank account (Account Number D) in the name of the Defendant, and acquired from the victim on March 30, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning B;

1. A complaint, a joint import contract, a statement of transaction, a C order, a seal, a written request for customs clearance, a written request for loan and a written plan for repayment;

1. Application of Acts and subordinate statutes to a report on investigation (Preparation of a list of crimes);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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