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(영문) 대전지방법원 홍성지원 2019.07.09 2018고단949
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who operates the said company as a single shareholder of the B Limited Liability Company (hereinafter referred to as “B”) established in Mongolia and engaged in trade business.

B entered into a contract with the victim C Co., Ltd. (hereinafter “victim”) on December 1, 2014 with the content that B exports the 2,500 MT to USD 900 per 1st year for the damaged company to CIF (price that the seller bears the freight and insurance charges until the cargo is delivered to the destination from the trade until the cargo is delivered to the destination) under the condition of Busan port.

On August 4, 2015, the Defendant issued to the victimized Party in Mongolia, “The consent to the transit of Russia has not been issued, and the Republic of Mongolia’s business has been well carried out, and three Lebs work in the Republic of Korea has been completed. On August 13, 2015, the letter of permission has arrived at the Russki Customs Office, and on August 17, 2015, the e-mail with the content that “the commencement of railroad transport business is scheduled”;

9. 22. On September 21, 2015, Mongolia sent to the damaged country an e-mail with the purport that “The 12 portion of container 12 out of the closed ship of this case arrives at the Russia Ski Station on September 21, 2015, is scheduled to arrive at the port of Busan on October 10, 2015, and container 24 portion departing from the port of Ulsan Puran on September 18, 2015 and expected to arrive at the port of Busan on October 23, 2015.”

However, at the time of fact, B was unable to obtain a permit for bringing-in of waste excreta from the Ministry of Environment of Russia, and it was not a Russia, a state of transit to sell to the victimized company, and was in the place of Mongolian country, and there was no intention or ability to transport waste excreta to the victimized company even if it was paid by the victimized company the amount of waste excreta.

Nevertheless, the Defendant, as above, deceiving the victimized Company, thereby deceiving it from the victimized Company, shall be at the exchange rate of September 25, 2015, approximately 157,735.5 US dollars 190,071,277 Won, and September 25, 2015.

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