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(영문) 인천지방법원 2018.11.14 2018고단4432
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a representative of B who sells cable installed in a vehicle.

On November 2016, 2016, the Defendant produced “D” in “D” located in “A” located in “Seoul Mine-gu, Gwangju. The Defendant only produced “F cable” different from the existing vehicle contact cable, and ① supplied “F cable” in the use of the products of G company, which would not be known, first, supply the product. ② The equipment possessed by the U.S. NASA after obtaining approval of the patent technology for parts manufacturing method from the U.S. NASA, holds a patent as the only domestic equipment, ③ added rare minerals in the product, ④ the H company south-gu, and the H company finished verification. The Defendant did not supply “F cable” at a low price. The installation of “F cable” was verified as having the effect of reducing 5-10% per annum and reducing 10% per annum by 5-10% or more, by 30% or more.”

However, in fact, the Defendant did not produce “F cable” using G company products, and ② did not obtain approval from the U.S. NASA or obtain a domestic patent for the production of “F cable”, ③ did not import or use rare minerals to produce “F cable” and made the said “F cable” by using it, and ④ did not have undergone verification at the South Korea Development Institute for H company South Korea, and ⑤ rather, verified the efficiency of the said “F cable” by the I company research institute, and confirmed only the amount of CO2 generation and the amount of tobacco efficiency improved only by about 0.8%.

Ultimately, the Defendant deceivings the victim by such a method, and deceivings the victim from the victim, thereby constituting “F cable” under the name of the purchase price for “F cable,” KRW 740,00,000,000 on November 23, 2016, KRW 2,5140,00 on November 25, 2016, and KRW 7590,000 on December 21, 2016.

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