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(영문) 인천지방법원 부천지원 2017.02.16 2016고단3149
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, around March 2016, at the first floor coffee shop of Geumcheon-gu Seoul, Geumcheon-gu Seoul Metropolitan Government B building, is scheduled to supply the victim C with yellow make to China.

All things such as contract preparation and funding plan with China's importing company are already prepared.

It would be possible to supply a yellow dust amounting to KRW 1,600,000,000,000 to the Chinese Sanitary State's license.

“.........”

However, in fact, the Defendant did not know his personal information to the victim without any confirmation, and did not know how to obtain certification, how to obtain certification, how to obtain certification, and how much specific Chinese companies to receive the Yellow Dust, and how to what extent the quantity of the delivery would be. In fact, the Defendant was in a situation where the Chinese companies to receive the Yellow Dust were not at all determined. Therefore, even if receiving the above money from the victim, the Defendant did not have the intent and ability to allow the victim to deliver the Yellow Dust as above.

As above, the Defendant: (a) by deceiving the victim as above; (b) obtained each transfer of KRW 24 million around May 4, 2016; (c) KRW 20 million around the 18th day of the same month; and (d) million around the 26th day of the same month; and (c) acquired the total amount of KRW 48 million from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. C or D statements concerning the accused in the police interrogation protocol (list 14);

1. Each police statement protocol with respect to C and D (list 6,9);

1. Application of Acts and subordinate statutes to a commodity supply contract (List 2), a business agency contract (List 3), a letter of origin (List 4), a statement of account transaction (List 5), a mer-day closure data (List 7);

1. Relevant laws regarding criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, and conditions favorable to the defendant's reasons for sentencing (a confession, reflectivity, intention, and planned crime).

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