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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On November 2015, the Defendant concluded that the Defendant would pay the balance by December 30, 2015 to the victim E at the inte office, which is a trading company it operates, which is a trade company that is one of the trade companies in Yongsan-gu, Busan Metropolitan City, 102 Dong-gu, 712, that the Defendant would supply the victim E with the amount of USD 550,000 (the amount of KRW 550 million to KRW 60 million) equivalent to KRW 10,000 (the amount of KRW 550 million to KRW 50,000 to KRW 60,000).
However, the Defendant entered into a contract with F to sell 10,000 won 10,000 won scamet imported from China, and paid 100,000 million scam to F with money from F, and was thought to transfer F with customs clearance. Since at the time, the Defendant was not in a situation where he could supply the scamet to the home scam, even if he received the scamet from the victim, there was no intention or ability to pay the price to
On November 2015, the Defendant, by deceiving the victim, received from the victim the delivery of 10,000 U.S. dollars (100,000 U.S. dollars to the victim) equivalent to 550,000 U.S. dollars (450,000 U.S. dollars).
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness E and G;
1. Statement of each police statement of E and H;
1. G statements;
1. Application of Acts and subordinate statutes to file a complaint, supply contract, transfer and acquisition contract, investigation report (referring to the H of witnesses), copy of a sales contract, etc., investigation report (F and monetary currency), investigation report (f and files of details of account transactions of a suspect), investigation report (G currency), investigation report (F currency), investigation report (F currency), and investigation report (Calculation of exchange rate on November 25, 2015) shall apply;
1. Determination on the assertion of the defendant and his/her defense counsel under Article 3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 347(1) of the Criminal Act concerning the crime
1. The defendant did not have the intention to acquire by deceit.
2. The criminal intent of defraudation, which is a constituent element of the judgment of fraud, is so long as the defendant does not make a confession, the history, the environment, and the contents of the crime before and after the crime.