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Reasons
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(영문) 서울북부지방법원 2015.05.26 2014고단3395
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around November 201, the Defendant concluded that “Around the end of May 2012, 201, the victim C, a company developing and manufacturing telecommunications equipment, was the case of a project to introduce network equipment called “S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-

However, even if the Defendant received the above money from the victim, it was thought that the Defendant did not have the intent or ability to have the victim deliver equipment with respect to the business of introducing network equipment at Sejong City, and used the above money as personal living expenses, etc. In addition, even if the Defendant had a debt of several billion won at the time, there was no particular profit or substantial property, and even if he borrowed money from the Defendant at the end of May 2012, the Defendant did not have the intent or ability to repay it until the end of May 201

Nevertheless, around November 17, 201, the Defendant, by deceiving the victim as above, received KRW 77 million from the Korean bank account in the name of the victim through the Korean bank account in the name of the Defendant, for business expenses.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of a witness D recorded in a recording file in the third protocol of the trial;

1. Each legal statement of witness E and F;

1. A protocol concerning the examination of partially the accused by the prosecution (including the E part of the statement);

1. Statement of each police statement of E and D;

1. The F and each statement of the accused;

1. The defendant and the defense counsel in determining the complaint, the attached documents, and the assertion of the defendant and the defense counsel did not induce the defendant to deliver network equipment, and ② at the time the Korean Land and Housing Corporation has the right to claim compensation amounting to KRW 2.2 billion.

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