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(영문) 서울남부지방법원 2016.07.06 2015고단4913

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 24, 2014, the Defendant entered into a contract with the company that produces pelpellets in the U.S. and entered the U.S. at the office of D Co., Ltd. located in Geumcheon-gu Seoul building A, Geumcheon-gu, Seoul around March 2014, stating that “The Defendant may import and sell pelpelpellets in a stable manner, and there is no cost for customs clearance to enter the U.S. at the end of March, 201, so that the Defendant would pay the customs clearance cost to pelpelpelpelpel 50 tons of the pelpelpel 500 tons of the pelpel pelpel 500 tons of the pelpel pelpel pel 1,489,00 won from the victim’s new bank account in the name of D on April 1, 2014.”

However, the facts are that the defendant entered into a monopoly contract.

The alleged U.S. company is not only a company that is not capable of producing pellets, but also did not have concluded a monopoly contract with the defendant. The defendant was issued a bill of lading (B/L) from 00 tons of pelpel 200 tons in order to secure performance, and only was issued a bill of lading (B/L) with pelpel 200 tons, and there was no agreement with White Timber Co., Ltd. so that the defendant can use the proceeds from the sale by borrowing the proceeds from the sale. Rather, the defendant agreed not only to pay the proceeds immediately to pelpel pel pel pel, but also did not have the ability or intent to pay the proceeds even if he borrowed the proceeds from the damaged person due to his intent to use the proceeds from his personal debt repayment.

Accordingly, the defendant deceivings the victim and defrauds 14890,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. A copy of bankbook;

1. A list of the details of the use of the borrowed money and the list of the withdrawn funds;

1. Application of Acts and subordinate statutes to a report on investigation (to hear I telephone statements);

1. Relevant Article 347 (1) of the Criminal Act and Article 347 of the Criminal Act for the crime, the selection of fines (the amount of fraud, the recovery of damage, etc.);

1. The Criminal Act to attract a workhouse;