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(영문) 청주지방법원 2017.05.11 2016고단1307

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 18, 2012, the Defendant filed an application with the victim F for a patent of cargo transport equipment for the transportation of vehicles from the HH company operated by the Defendant at the office of the (ju) G office operated by Young-gu, Young-gu E 301, Young-gu. The Defendant entered into a commodity contract with the Plaintiff for the total amount of KRW 347,540,800,000,000 in total, with the Plaintiff’s agricultural technology center, Hongcheon-gun, Agricultural Technology Center, etc. for the transportation of vehicles. The Defendant received advance payment of KRW 89,50,000 from the above ordering points, and received KRW 258,040,80,000 from the remainder after delivery of the goods. The Defendant is currently manufacturing a specific vehicle, and the cost of manufacturing the special vehicle is required, and if the Defendant borrowed KRW 130,000,000,000, the remainder will be paid until June 30, 2012.

The phrase “ makes a false statement.”

However, the Defendant, at the time, was at approximately KRW 41,020,00 which was able to receive from the Agricultural Technology Center of Hongcheon-gun, etc., and was thought to be used for another purpose without paying the money from the injured party even if he received the remaining amount. In addition, he was unable to maintain the contract because he was unable to deliver the goods. There was a debt worth approximately KRW 440,000,000, and there was no specific property and income, and there was no intention or ability to pay the money to the injured party.

As such, the Defendant, by deceiving the victim, received 130,000,000 won from the post office account (I) in the name of H in the name of the same day from the victim, for the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. A trading statement;

1. Contract;

1. Transferable security rights;

1. Answer following the notification of transfer of claims and the prior notification of seizure of claims (three-fourths of evidence records);

1. The time of the statement on the security for the transfer of the contract amount (three-fifths of evidence records and thirty-five pages);

1. The application of Acts and subordinate statutes to the reply to the case of demanding the statement prior to collection of claims (Evidence No. 39 pages of evidence records);

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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