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(영문) 수원지방법원 2014.01.24 2013고단499
사기
Text

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

Reasons

Punishment of the crime

On May 31, 2011, the Defendant: (a) at the 3rd floor D office of Seocho-gu Seoul Metropolitan Government C&D office, (b) decided to import the Victim E&C representative F-100 tons of the Russian Gas M-100 tons (MT) from H, an exporting company of Russia; (c) provided 50,000 tons (MT) allocated to I to I of the Japanese branch of the G company in Japan; and (d) made a false statement.

(State)D and (State)G executive officers around May 27, 201 did not have any intent or ability to supply any day, even if (State)G executive officers receive money from the victim E farming association corporation in the state of being notified that the RGS related SGS (M-100 No. SGS certification) of the HH company, the RG officers of which were dried through I, was falsely notified.

As such, the Defendant deceivings the representative F of the victim corporation, and received from the victim corporation the transfer, around June 1, 201, of KRW 170 million ($100,000) as the performance guarantee from the victim corporation, to the national bank account (number K) in the name of the Defendant’s wifeJ.

Summary of Evidence

1. The defendant's statement that he/she entered into a contract with F on May 31, 201 with Russia M-10, 50,000 tons supply and received US$10,00 on June 1, 2011;

1. Each testimony of witness F, I, L, and M;

1. M of the preparation of the prosecutor’s report and the statement of reference witness;

1. Receipt of an investigation report (receiving a written confirmation of fact);

1. Application of a copy of the contract and the immigration status of individuals;

1. Article 347(1) of the relevant statutory provisions regarding criminal facts, Article 347(1) of the Criminal Act, and the Defendant’s assertion of the Defendant’s choice of imprisonment with labor is found to have been carried out without doubt that the remainder except for the 200,000 tons of M-10,000 tons allocated to I through consultation with I by the seller of M-100 tons at the time of his/her former employment as a matter of charge of M-10 (hereinafter “D”) would be freely sold, and that the remainder of M-10,60,000 tons, which I received through consultation with I, would be free to sell.

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