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(영문) 서울북부지방법원 2019.01.17 2018고정207
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who operates B building B and C D company located in Bupyeong-si.

On April 10, 2017, the Defendant made a false statement to the effect that “The Defendant would produce and supply 6,00 black boxes when providing parts” to G operating the damaged company in the office of the Victim F Co., Ltd. (hereinafter “victim F Co., Ltd.”) located in Ansan-gu, Ansan-gu (hereinafter “victim F Co., Ltd.”).

However, in fact, the Defendant, upon the request of the victimized company, was re-scamed by H (hereinafter “H”) and supplied a black box to H due to defective products, was unable to receive the price of supply from H, and the Defendant was provided with parts from the original damage company or the original damage company in order to receive the existing price of supply from H and planned to demand the payment of the existing price of supply. At the time of Defendant’s operation D Co., Ltd. (hereinafter “Defendant Company”) had no intention or ability to produce and supply a normal black box at the request of the victimized company, because it was difficult for the Defendant to receive the cost of supply from the original damage company or the original damage company in order to receive the existing price of supply from H.

The Defendant deceptioned the damaged company as such, and obtained from the victimized company, from April 21, 2017 to April 29, 2017, the parts indicated in the attached list of crimes (hereinafter “instant parts”) equivalent to KRW 14,063,765, total market price from the place of the damaged company’s office, etc. to the damaged company’s office, and acquired them by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Part of the police interrogation protocol against the accused (including part concerning I statement among the interrogation protocol of the second suspect);

1. Each legal statement of the witness J and K;

1. Statement of each police statement to J;

1. Each fact-finding certificate of L, M, N, andO;

1. To preserve materials A as the suspect for the investigation report;

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