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(영문) 부산지방법원 2013.04.12 2013노673
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

According to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings and Article 19 (1) of the Special Rules on the Promotion, etc. of Legal Proceedings, when the defendant's location is not confirmed even after he/she failed to take necessary measures to identify the location of the defendant, the method of service by public notice shall be followed only when the defendant's location is not confirmed even after six months have passed since the receipt of a report on the failure to serve on the defendant. The six-month period is the minimum

According to the records, the court below ordered on June 4, 2012 that the defendant's whereabouts were not confirmed, and thus, the service of the defendant was made by public notice and sentenced to the trial date while the defendant did not appear. The decision by public notice was made at the expiration of six months from December 12, 2011, of which a report on the failure to serve on the defendant was received. Thus, the court below erred in the misapprehension of Acts and subordinate statutes relating to litigation procedures, which affected the conclusion of the judgment.

Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and it is again decided as follows.

Punishment of the crime

On April 15, 2010, the Defendant made a false statement to the effect that, at the veckcco start-up exhibition located in the Busan High Macco Co., Ltd., the Defendant: (a) “The Defendant is engaged in the business of obtaining a patent by ELD display; (b) the Defendant opened and supplied the agency deposit at the front State area with an agent capable of selling the agency deposit at an exclusive store for PE display in the exclusive area; and (c) supply the product.”

However, the fact is that the defendant applied only to the patent application for the LED display at the time, and the debt amount reaches KRW 100 million, and there is no particular property, and the down payment is made from the victim.

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