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(영문) 서울중앙지방법원 2018.10.05 2017고단8472
사기
Text

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

Reasons

Punishment of the crime

around July 2013, the Defendant, at the D office in Gangnam-gu Seoul and C, practically operated by the Defendant, in order to transfer the part that is not enough to transfer the goods that had already been secured upon ordering the necessary F products as it operates the business specializing in importing Canada and directly trades with the F head office.

“False speech was made to the effect that it was “.”

However, in fact, the Defendant did not engage in direct transactions with the F head office, and had already been secured, and had thought to use the F product as the fund for the management of the company with money received from the injured party, so even if the F product was ordered by the injured party, there was no intention or ability to import the F product and deliver it to the injured party, such as the agreement.

As such, the Defendant, by deceiving the victim as such, received KRW 15,00,000,00 from the victim under the name of F goods for the use of the F goods, from the victim, to the account in the name of D, the sum of KRW 32,49,930,00 around September 30, 2013, and KRW 32,49,930,00 around October 1, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E, G, H, and I;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Partial statement of each protocol concerning the examination of the suspect against the defendant;

1. Each statement of G and E in the first and second examination records of the suspect to the defendant, among the examination records of the suspect;

1. Statement made by the prosecution against H;

1. Statement of the statement of G and E in the second police interrogation protocol against the accused;

1. Each police statement protocol with respect to E and G;

1. G statements;

1. A complaint, a corporate registry, a copy of a contract for the purchase and sale of goods, a copy of a passbook, an inquiry of past transaction details, a debt repayment plan, order form, mail, past transaction details, investigation report (Submission of reference data), application form, petition form, petition form, and criminal investigation report [the submission of reference data (e-mail, text message) report], and a criminal investigation report (F’s text report).

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