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(영문) 서울중앙지방법원 2017.12.13 2015고단8168
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The defendant is the chairperson of Indonesia Corporation B (hereinafter referred to as "B") who actually operates the above company.

The Defendant, at the office of “B” located in Indonesia, around December 2, 2012, to the victim C, purchased and sent objects, such as “B, 500,” and “non-cream,” as it is shot in Indonesia,” from “B” office located in Indonesia, to the victim C.

the purchase terms and conditions may be sold on a turnkey basis.

The price of goods may be paid in full in cash after 90 days from the date of shipment. The price of goods may be deposited only in a bank account opened in the name of "D" operated by the above company and the party and the withdrawal of money from the above account is made by false means.

However, even if the above goods are received from the injured party, they could not be sold at once to the distribution network, such as a lot, in Indonesia, and thus, they could not be repaid within the agreed date. Moreover, at the time, the Defendant was a bad credit holder and the above “B” had no intention or ability to pay the price to the injured party even if it was sold to the injured party and received the price from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) was delivered to the company in Indonesia with goods equivalent to KRW 123,678,296 ($ 116,239) in total from the victim on January 18, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the defendant during the police interrogation protocol (including the cross-examination);

1. Statement by the police for C and E;

1. Application of Acts and subordinate statutes governing trade statements, export declaration notes, text messages, records, e-mail, business contracts, and process deeds;

1. Article 347 of the Criminal Act applicable to the crime and the choice of punishment.

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