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(영문) 수원지방법원 2016.10.13 2015고단2836
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the conclusion of the judgment, each of the above two years against the Defendants.

Reasons

Punishment of the crime

Defendant

A is the representative of (State) E in the area of the wife population D, and Defendant B is the technical director of (State) E.

On April 23, 2014, the Defendants conspired and concluded a MOU at the victim G office located in Seocheon-gu, Seocheon-gu, Seoul, with a view to H and technology and business partnership, the representative director of the victimized company. “Defendant B obtained a doctor’s degree in Japan, and our company is a research and development company with ten doctor’s degrees. By May 20, 2014, the Defendants made a false statement that “The Defendant would deliver ES and PCS (5KW) 5 to 100 million won.”

However, the facts are that Defendant B did not have a doctoral degree and did not have any particular technology, and even if the Defendants received the price for the goods from the victim due to the lack of particular technology, Defendant B did not have any intent or ability to deliver the goods.

From April 24, 2014, the Defendants conspired as such to deception the victim and received KRW 100 million from the victim to the Agricultural Cooperative Account of Defendant A.

Summary of Evidence

1. The Defendants’ partial statements in the second trial records;

1. Statement made by a witness I in the third protocol of the trial;

1. Some statements in the police interrogation protocol against Defendant A

1. Some statements in the police interrogation protocol regarding Defendant B (including the statement part of Defendant A);

1. The second written statement in the suspect examination protocol of Defendant B, which is part of the suspect examination protocol of Defendant B (including each part of the statement of Defendant A and I);

1. Each police statement made to I;

1. Application of Acts and subordinate statutes, such as a redemption note of principal, each order, a certificate of transaction, a certificate of understanding, a statement of understanding, a statement of understanding, a statement of understanding of technology and business partnership, a confidential security agreement, and a record

1. Defendants: Articles 347 (1) and 30 (Fraud and Selection of Imprisonment) of the Criminal Act;

1. Defendants on probation: the Defendants and their defense counsel regarding the assertion of the Defendants and their defense counsel under Article 62(1) of the Criminal Act.

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