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(영문) 부산지방법원 동부지원 2012.09.27 2012고단2023
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 201, the Defendant stated that, in front of the elevator office of the Defendant’s operation (ju) D office in Seo-gu, Busan, the Defendant would sell a balance and make a settlement without molding from the date of the settlement of the bank price, if the Defendant believed that the settlement of the import price to be carried out is jointly and severally guaranteed, and issued a written consent to delivery of the goods in advance and offered the import risk in custody in the warehouse.

However, the fact that the settlement of import proceeds is not a relative joint and several surety, and there is no other specific property, and since September 2008, there is a good domestic competition, and the sales of imported frozen fishery products are not good, so the defendant did not have an intention or ability to settle the import proceeds on the date of the settlement of import proceeds, such as considering the enemy of the average of KRW 15 million per month, and returning them for the settlement of import proceeds.

On November 28, 201, the Defendant: (a) by deceiving the victim; (b) received 3,000 boxes from the victim’s written consent for delivery of cargo; and (c) did not pay the said amount of the said import deposit around December 19, 201, which is the settlement date; and (d) accordingly, on December 28, 201, the victim subrogated 157,558,807 won to the Suhyup, a bank that opened the credit.

Accordingly, the Defendant acquired 3,00 gamblings by deceiving the victim.

Summary of Evidence

1. Each legal statement of witness E and F;

2. Each part of the protocol of examination of the accused by the prosecution (including the whole part of the E)

3. Statement of the police officer to E;

4. E statements.

5. Investigation report (to make a statement at the G phone of a witness);

6. Application of Acts and subordinate statutes to investigation reports (Attachment of a cargo delivery consent letter), investigation reports (Attachment of a document describing settlement of imported bills);

1. As to the following circumstances, the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act, and the evidence duly adopted and examined by the court for conviction of imprisonment, i.e., the volume of the import of this case 3,000 gamblings.

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