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(영문) 전주지방법원 군산지원 2013.10.23 2013고단794
사기
Text

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

Reasons

Punishment of the crime

On August 8, 2011, the Defendant stated that “The Defendant may develop and manufacture Maclocks in the industry to which he wishes to develop and manufacture Maclocks,” at the E office of the Plaintiff, Inc., Ltd., located in Busan-gu Busan-gu, Busan-si, the Defendant made a false statement to the Defendant, “B, by paying 40 million won for the manufacture of machinery, and by February 2012, the Defendant would produce and take place Maclocks in the above industry-related problem.”

However, in fact, the Defendant did not have the technology that could produce the victim's excessive problem, and the Defendant was in a bad credit condition without a certain occupation, property, or income, and requested another company to produce the above machine was also in an unstable situation. Even if receiving money from the victim, it was thought that it was used for the purpose of personal living expenses and debt repayment.

The Defendant received KRW 20 million from the victim’s bank account in the name of the Defendant on October 25, 201; KRW 20 million on October 31, 201; KRW 17 million on January 17, 2012; KRW 15 million on January 25, 201; and KRW 3 million on February 10, 201 from the victim.

Accordingly, the defendant was given a total sum of 28 million won by deceiving the victim.

Summary of Evidence

Application of Acts and subordinate statutes to the defendant's partial statement, witness D's legal statement, industrial knatal development service contract, and letter transmission and receipt of text

1. Article 347(1) of the Criminal Act of the relevant criminal facts, Article 347(1) of the Criminal Act, the Defendant’s conviction for the selection of imprisonment and the reason for sentencing alleged that the Defendant did not perform the contract because the victim did not pay the penalty, product approval expenses, etc. separately agreed upon. However, there is no evidence supporting this. However, according to the examined evidence, the instant contract is 19-23 pages of investigation records of the content of developing and delivering 10 knifes in industry, and the Defendant did not have any technology to manufacture the products the victim wants, and most of the money received from the victim.

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