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(영문) 서울동부지방법원 2017.08.18 2017고단880
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Criminal facts

The Defendant is a person who imports and sells the main body and clothing with the trade name of F. Although Section 200 of the 20th foot 200th foot clock 200 ordered by the victim D did not arrive at the Incheon port, around November 5, 2015, the Defendant is required to add approximately KRW 10 million, such as customs clearance expenses and port expenses, to the victim in Seongdong-gu Seoul Metropolitan Government.

In addition, 10,000,000 won out of the price of the goods was first changed, and 10,000 won was delivered from the injured party at the same place around November 6, 2015 and acquired through deception.

Summary of Evidence

1. Legal statement of the witness D;

1. The first written protocol concerning the examination of the suspect against the defendant (including D parts of the statement);

1. In light of the fact that the Defendant supplied the original melter to the victim for a considerable period of time prior to the instant transaction, as seen in the grounds for innocence, the Defendant’s assertion of the change in the defense that the Defendant requested the production of Section 200, which the Defendant received from the damaged party on October 25, 2015, as to the melter’s 200, which was requested to be supplied by the injured party on October 30, 2015, when receiving the remittance of KRW 15 million from the melter’s 200,000,000 from the Chinese manufacturer.

However, even according to the defendant's assertion itself, the above Section 200 produced by requesting the Chinese company was defective and thus, it was impossible to deliver it to the victim, and it did not arrive at the Incheon port.

Nevertheless, the defendant has already arrived at the Incheon port by Section 200.

The application of the statutes to demand the payment of the advance payment of KRW 10 million under the pretext of customs clearance, port expenses, etc. by falsehood, and the payment of the advance payment has been made by the injured party, and such act of the accused constitutes a crime of fraud is obviously applicable to the act of fraud).

1. Article 347 (1) of the Criminal Act and the punishment of imprisonment with prison labor for the crime;

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