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(영문) 인천지방법원 2015.12.23 2015고단5286
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around December 30, 2013, the Defendant, who operates a development enterprise of wire-type contact B, proposed that E, the actual operator of the victim D Co., Ltd., Ltd., located in Seo-gu Incheon, would develop the type of wire-type contact Denn that the victim company may commercialized and sell the product, and the above E and the victim company, who accepted the proposal, would provide the cost of the production of sampling products in wire-type contact Den, and the Defendant was transferred from the victim company to the Defendant’s deposit account on December 31, 2013, as the cost of the production of sampling products.

However, even if the Defendant actually received money from the victim company as the cost of the sampling product, it was thought that most of them would be used to pay the unpaid cost related to the development of other products unrelated to the victim company or to pay the Defendant’s debt, etc., so there was no intention or ability to produce and supply the sampling product within the agreed time limit.

Accordingly, the defendant deceivings the victim as above and acquired 96,80,000 won from the victim company as the cost of sampling products.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. Application of the police protocol of statement to F;

1. The reason for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act for the crime [the scope of recommending punishment] is sentenced in light of the following: (a) there is no basic area (6 to 1 year and 6 months) [the person who is a special person] [the decision of sentencing] fraud amount to KRW 968 million [the decision of sentence] fraud amount to KRW 968 million, which has not yet been restored to the present.

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