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(영문) 청주지방법원 2015.12.21 2015고단684
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On January 24, 2008, the Defendant stated that “The Defendant would make food waste disposal equipment, which is already completed in Gwangju-do and the production plant is already completed.” On the down payment, the Defendant provided domestic total marketing authority for food waste disposal equipment and supply food waste disposal equipment to the victim E at the D office operated by the Defendant, Inc., Inc., Ltd., which is located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu., Cheongju-si.”

However, in fact, the defendant did not have a food waste disposal machine production factory in Gwangju-do, and because he did not complete the manufacturing of food waste disposal machine, he did not have the intention or ability to supply the food waste disposal machine to the victim even if he received the down payment of KRW 100 million from the victim.

The Defendant, by deceiving the victim as such, received KRW 100 million from the victim as the down payment on the same day.

2. On February 15, 2008, the Defendant made a false statement to the victim E at the place indicated in the above Paragraph 1 of the same Article, stating, “If the Defendant lends KRW 20 million to the victim E a micro-organism that is used to manufacture food waste treatment equipment, he/she shall spread the micro-organism and deliver food waste treatment equipment, and then deduct KRW 20 million from the cost of food waste treatment equipment later.”

However, the defendant did not have a food waste disposal machine production plant in Gwangju-do, and did not complete the manufacturing of food waste disposal machine, only intended to receive money from the victim and use it individually, and there was no intention or ability to supply the food waste disposal machine to the victim, or to pay the money to the victim.

The defendant deceivings the victim as such, and is therefore named as the borrowed money from the victim on the same day.

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