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(영문) 인천지방법원 2014.10.07 2013고단8291
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around November 29, 2011, the Defendant was transferred KRW 500,000 as the development contract deposit, and KRW 1,9255,00 from February 16, 201 to May 2, 2012, to the effect that: (a) the Defendant did not intend or have the intent to develop and supply machinery even if having received money from the said victim; (b) the Defendant had no intent or ability to supply the machinery; and (c) the Defendant was transferred KRW 1,925,00,00 from February 16, 201 to May 2, 2012 to the said victim for the purpose of an intermediate payment, etc. for the reproduction production.

Accordingly, the defendant received a total of KRW 2,4750,00 (including value-added tax) from the victim and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement written in D);

1. A protocol concerning the suspect interrogation of some of the police officers against the defendant (including the part concerning the statement made D);

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a copy of a supply performance note, a copy of each contract for supply of goods, and a copy of performance note;

1. The crime was committed by misrepresenting the development of the source of reason for sentencing of imprisonment with labor, Article 347(1) of the Criminal Act, Article 347 of the choice of criminal facts, and Article 347(1) of the Criminal Act, which had already been punished for suspension of execution in 2009, and again went to commit the crime of this case of the same kind. After receiving money as stated in the judgment by deceiving the victim and providing sampling in a state in which it is impossible to pass through the test, the victim could not receive money as stated in the judgment by deceiving the victim, and then making an additional statement of contract and performance between the victim and the victim to recover some of the amount of damage even if it was collected or supplied at the latest, and making an additional statement of performance through several times to avoid damage.

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