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(영문) 청주지방법원 2019.01.03 2018고단1759
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 1, 2014, the Defendant concluded on November 1, 2014, that “When granting development funds, the Defendant would develop and manufacture skin beauty art equipment as the victim wishes.”

However, the Defendant did not have the intent or ability to develop and manufacture the above apparatus even though he was provided with the money for development funds as above.

As above, the Defendant, by deceiving the victim as above, received KRW 22,00,00,00 on November 10, 2014; KRW 15,730,00 on December 15, 2014; KRW 27,700,000 on February 27, 2015; KRW 1,50,000 on April 17, 2015; KRW 14,058,00 on June 6, 2015; KRW 5,000 on June 5, 2015; KRW 5,000,000 on June 5, 200, and KRW 5,000 on June 29, 2015; KRW 708,00 on June 5, 2015; and KRW 7098,000 on June 29, 200.

Summary of Evidence

1. Legal testimony of witness E;

1. A contract for the development of beauty art equipment and a F development contract;

1. A detailed estimate, etc. of beauty art equipment;

1. Recording notes;

1. One separate book;

1. Application of Acts and subordinate statutes to a report on investigation (any investigation regarding submission of data to the user of the amount of damage);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Determination of the defendant and defense counsel's assertion under Article 62-2 of the Criminal Act of the community service order

1. Around November 1, 2014, the injured party entered into a development agreement with the Defendant on the skin container (hereinafter “instant product”) and the F, a fishing emitting machine (hereinafter “F”).

However, in the case of F, it was found out by Chinese enterprises for the mass production when completion of gold to the gold and waiting for the mass production, and as a result, the ordered quantity should be at least 100,000 feet (at least 150,000 won) and the victim has suspended mass production because there is no sufficient money. In the case of the product of this case, it was impossible to proceed to the gold phase due to the lack of funds when the product of this case is in progress to the wood industry.

In other words,

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