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(영문) 서울동부지방법원 2013.06.26 2013고단256
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 3, 2012, the Defendant, a member of the Victim C Co., Ltd., was issued 150 above Kamerrens, a total market price of which is KRW 79,996,50 on the day, on July 31, 2012, on the following grounds: “When the Defendant supplied 30m of imported Kamers business to the petroleum employees, he/she will pay in cash the total amount of 150m of imported Kamers business to July 31, 2012.”

However, at the time, the defendant had no intention or ability to repay the loan principal and interest at a low price even if he was supplied with Kamerrens by the victim under the condition that 2.3 billion won and 100 million won of the corporate debt jointly and severally guaranteed by the defendant were to be used for the repayment of the loan principal and interest at maturity.

The Defendant, as above, by deceiving the victim, received 150 Kamerasszs worth a total of 79,96,500 won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on trading lists;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (i.e., agreement with the victim and considering the beginning of the crime);

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