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(영문) 서울북부지방법원 2015.07.23 2014고단460
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 17, 2010, the Defendant was sentenced to a suspended sentence of one year of imprisonment for embezzlement at the Seoul Northern District Court (Seoul Northern District Court) and the said judgment became final and conclusive on March 25, 2010.

The defendant is a brokerage for foreign machinery.

On May 4, 2007, the Defendant made a false statement to the victim E, the representative of the farming association corporation D in the Jeonsung-gun's office located in Jeonsung-gun, stating that the Defendant: (a) supplied 14,779,200 won of raping machine price and T 2 frithm equipment owned by the farming association corporationD with 15% of the raping machine price and supplied frithm machinery with 60 million won at the market price of 100 million won; and (b) purchased raping machinery equivalent to 100 million won within 5 to 6 months.”

However, at the time, the defendant had no intention or ability to purchase raping machinery with the above price, etc. by selling the above T2 heading machine.

Nevertheless, the Defendant received 14,779,200 won from the victim to the foreign exchange bank account (G) in the name of F, the defendant's principal on the same day, and received 60,000 won from the middle of May 2007, T2,000 won as the market price of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The statement of the witness H;

1. Statement made by witnesses E in the third protocol of the trial;

1. The statement of a witness I recorded in the file for recording a witness in the seventh trial records;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Changwon District Court 2012shot755 mediation protocol (Evidence No. 90 pages) bound in the police interrogation protocol of the accused;

1. Statement to E by the police;

1. E’s letter of complaint and its appended import plan for rap-doping (Evidence No. 15 pages) on January 27, 2010, J of February 8, 2010, and D received official text (Evidence No. 16 pages)

1. Implementation of a sales contract for the new automatic raping machine, a deposit certificate of passbook without passbook, and a SOLAS rap contract;

1. Investigative reports (Attachment of decisions between a suspect and H);

1. Investigation report (absent of criminal records of the same kind of suspect and copies of written judgments and records);

1. A previous conviction in judgment:

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