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(영문) 서울남부지방법원 2016.10.06 2016고합344
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal power] On September 17, 2015, the Defendant was sentenced to imprisonment for two years and six months at the Incheon District Court for fraud, and the judgment was finalized on April 11, 2016.

【Criminal Facts】

On December 2007, the Defendant, at the office of Yeonsu-gu Incheon Metropolitan City, Ltd., Ltd. (hereinafter “D”) 507, engaged in the manufacturing of electronic equipment to the victim E (hereinafter “H”) as the representative director of H (hereinafter “H”) from the Namdong Industrial Complex in Incheon. In particular, the Defendant obtained a patent for the mamper, which is an electronic accessory to the ELD monitor. The Defendant purchased two parts of equipment equivalent to KRW 500,000,00,000,000, which can inspect the mamper. 500,000,000,000 won, and displayed the victim’s patent certificate, confirmation certificate, certificate of H against the said mamp, certificate of good quality certification, etc.

However, in fact, the defendant did not have the intention or ability to purchase and get the cargo to get the cargo from H.

As above, the Defendant, by deceiving the victim as above, received KRW 20 million from D’s office around January 10, 2008 to receive KRW 20 million from D’s office around January 10, 2008, and obtained KRW 59 million through eight times from around that time to February 13, 2008.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Each police statement of E;

1. Copy of the examination record of witness (No. 75 No. 5 of the evidence list);

1. Patent certificates, venture business certificates, commendation marks, excellent quality certification certificates, inputs data, details of investment funds, and investment and delivery contracts;

1. Investigation report (a copy of the examination report of witness in F-related trial records), investigation report (investment, delivery contract, and deposit slip attached);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning criminal records;

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