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(영문) 서울중앙지방법원 2013.06.12 2012고단6158
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, from around 2005, operated the “E”, “F”, “G”, etc. in the Chinese Maternity in the Chinese Maternity.

1. On April 201, the Defendant made a false statement to the victim K, who had worked as the representative director of the KJ in Jung-gu Seoul, Jung-gu, Seoul, that “I would make a sample of plastic ingredients in Chinese plant to produce carbon calcium mixed plastic ingredients within a week.”

However, the fact is that the Chinese factory operated by the defendant is seized by delayed payment of rents, personnel expenses, electricity charges, etc., and the machinery was broken out and its factory operation was suspended from May 2010, so there was no intention or ability to produce and send plastic materials to the defendant.

Around May 2, 2011, the Defendant received money from the victim K to the account in the name of the Defendant’s wife from the bank account in the name of the Defendant’s wife from the Defendant, and acquired it by fraud.

2. Around May 2, 2011, the Defendant made a false statement to the victim K, stating, “A factory machinery is broken down, and the factory rent and personnel expenses are overdue, making it difficult to manufacture. If the Defendant sent 100,000 bills in advance as an advance payment for raw materials, he/she will produce and send plastic materials by mixing carbon calcium in a week.”

However, the facts are that the Chinese factory operated by the defendant is seized with delayed payment of rent, personnel expenses, and electricity, and the machinery has broken out from May 2010 to the suspension of factory operation, making it impossible to produce plastic material mixed with carbon calcium. However, it is only impossible to produce plastic material because it had been manufactured before the factory located in the city of Materndong in China, and 58 tons of plastic material were remaining in damp calcium, so the defendant did not have any intention or ability to manufacture and send the mixed plastic material for calcium, so the defendant did not have any intention or ability to send it.

The defendant is the victim.

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