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(영문) 서울서부지방법원 2019.07.18 2017고단2943

사기

Text

A defendant shall be punished by imprisonment for seven 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

At the end of September 2014, the defendant, as the representative of the Dispute Resolution Co., Ltd., called "B, at the E office of D operation in the Jung-gu Seoul Metropolitan Government C and the second floor, D, "at least 3,00 Lununununununununung, 12,00 factories in China, which requested the manufacture of a multilateral store by the Dispute Resolution Co., Ltd., and supplied the price of goods by October 2014." At the end of September, 2014, D requested the victim F, who was in the ordinary transaction, to deliver the above contents again.

However, in fact, the Defendant’s liabilities such as the obligation of the business partner at the time was equivalent to KRW 50 million, and the financial right liability was equivalent to KRW 120,000,000,000, and it was not capable of preparing a short-term payment for the production of the downloader from the beginning, and thus, the payment from the small and medium enterprise distribution center borrowed KRW 180,000 from the small and medium enterprise distribution center under the name of advance payment and sold the downloader was decided to directly recover from the small and medium enterprise distribution center, etc.

On October 2014, the Defendant, by deceiving the victim, received 94,578,00 won in total from the Chinese factory, which requested the production of the Dununcing 3,000 won from the victim, and acquired 12,000 Lununcul from the victim, and acquired 12,000 Lununcul.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made by a witness F in the fourth trial record;

1. A protocol concerning the examination of partially the accused by the prosecution (including the cross-examination part);

1. A protocol concerning suspect examination of D;

1. Statement of the police statement concerning F;

1. A complaint;

1. Tax invoices, content certification, sales statement, bonds transfer and takeover contract, and claims and obligations in the transaction plan of the year 2014;

1. The application of Acts and subordinate statutes to replys to the request for cooperation in investigation and the report of investigation (number 20, 21) shall apply;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The grounds for recognition of conviction under Article 62-2 of the Criminal Act of the community service order are as follows.