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(영문) 수원지방법원 성남지원 2019.01.10 2018고합118
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

The Defendant is a person who has actually operated the luminous B (C, hereinafter referred to as “C”) in China.

On November 2015, the Defendant introduced D Co., Ltd. (hereinafter “victim”) to E (E; hereinafter “E”) with Ddlon production orders attachment (OEM) companies, and concluded a contract for goods supply that the damaged company would be supplied with drones from E through C.

Accordingly, on March 18, 2016, at the office of the victimized company in Yeonsu-gu Incheon, F and G, the Defendant concluded a sales contract with the victimized company representative H to the effect that “The present E and the total contract amount of USD 4,780,000 ($ 5,258,000,000,000,000) was 15% from March 2016 to April 30, 2017, the Defendant paid the deposit amount of USD 717,000 ($ 78,77,000,000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00) were clearly written as KRW 7373.

However, the deposit that C shall pay to E was not US$ 717,000, but US$ 100,000, and the unit price of drone supply was US$ 35 per unit, and the J was US$ 70 per unit.

As such, on March 22, 2016, the Defendant: USD 172,869; USD 85,478 on March 28, 2016; USD 50,000 on April 26, 2016; USD 100,000 on May 16, 2016; USD 50,000 on May 31, 2016; USD 50,000 on June 24, 2016; USD 10,000 on July 18, 2016; USD 50,000 on July 16, 2016; USD 50,000 on August 16, 2016; and USD 87,881,875,86,86,875,865,86,865,86,88,886,800.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. The police statement of K;

1. Investigation report (Korean translation of e-mail between E and C);

1. Sales Contracts, Proforma invocede;

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