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(영문) 의정부지방법원 고양지원 2017.08.18 2017고단1308
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

On January 2016, the Defendant concluded that the Defendant would have 10% of the difference if the Defendant purchased equipment and sold it to China at a heavy equipment company in the U.S. (IPR (IP; video processing) and agreed to purchase 63,000 U.S. dollars if the Defendant would purchase 63,000 U.S. dollars, at the office of the victim E, the representative director of the victimized company, which was the representative director of the damaged company, in Suwon-si, Suwon-si, Suwon-si, Suwon-si, 2015. The Defendant made a false statement to the F at that time.

However, in fact, the defendant was scheduled to purchase Arabic pro rata equipment at US$ 45,000.

Nevertheless, the Defendant: (a) by deceiving F as above; (b) obtained USD 6,300 from the victimized Company on February 19, 2016; (c) USD 45,000 on February 24, 2016; and (d) USD 63,000 on April 21, 2016; (b) obtained the difference of USD 18,000 from the Defendant’s G account under the name of the Defendant’s G account in exchange for the purchase price of heavy equipment, and obtained the transfer of USD 63,00 (Korean KRW 20 million) from the Defendant’s G account.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on tax invoices, invoices, completion of import declarations, copies of bankbooks, and remittance statements;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (see, e.g., Supreme Court Decision 201Do1489, Apr. 1, 2011)

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