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(영문) 인천지방법원 2015.01.29 2014고단6263
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Of the facts charged in the instant case, each of the fraud points on November 22, 2013 and December 5, 2013 shall be acquitted.

Reasons

Punishment of the crime

The Defendant, as a ship yard, is a person who acquired the nationality of the Republic of Korea after naturalization on October 24, 2013, and the victim C is a Chinese person, who is engaged in manufacturing and selling electricity, such as the Electricity board, etc. in the trade name of "D."

The Defendant accessed the victim through E, an employee of the victim, knowing the fact that the said victim was trying to expand the scope of business to digital records, and had the Defendant maintained a close relationship with the “ThosungS” and was able to obtain money from the victim by means of borrowing it from the victim, as if it were possible to grant the general authority of domestic agencies.

At around 14:00 to 15:00 on December 2, 2013, the Defendant made a false statement to the victim that “The Defendant shall purchase the third floor of G building near the Jongno-gu Seoul Fdong basin,” and that “The Defendant shall use the third floor office of G building near the Jongno-gu Seoul Fdong basin.”

However, the above facts did not have any intention or ability to make the victim by purchasing Samsung SDR's total right or product.

Around December 9, 2013, the Defendant, as described in the [Attachment Table 3] No. 1450,000 won of the above bill, by deceiving the victim as such, and received the above bill from the victim to H through Chinese and domestic exchange exchange, and acquired it by deception around December 9, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each of the statutory statements made by witnesses C, E, and H

1. Relevant provisions of the criminal facts: Article 347 (1) of the Criminal Act;

1. Heavy concurrent crimes: The portion not guilty, such as the basic area among general fraud of not less than 10 million won but less than 500 million won, the damage amount for a year to not more than 1 year, and all other circumstances, including the defendant's environment, shall be taken into consideration;

1. On November 22, 2013, the Defendant charged with the facts charged at the above “D office” located in the Dong-gu, Dong-gu, Dong-gu, Dong-dong, China, and the victim.

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