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(영문) 수원지방법원 평택지원 2013.06.27 2013고단345
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 5, 2013, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for a violation of the Act on the Control of Narcotics, Etc. in the Suwon District Court’s Eunpyeong Site, and the judgment became final and conclusive on February 13, 2013.

The Defendant is a person who has manufactured and sold screen golf equipment with the trade name “C” in the People’s Republic of China’s Republic of China nes B.

On April 27, 2012, the Defendant introduced the Victim E through D referred to the Defendant’s early police officer, and on April 27, 2012, entered into a false contract for the sale of screen golf equipment with the content that “the Defendant is paid in installments after the completion of installation of the remainder 12.5 million won (the People’s Closure)” with H delegated the Defendant to install and supply the screen golf equipment within 20 days from the date of receipt of the down payment from the victim, and 30 million won of the down payment within 10 days from the date of conclusion of the contract, and 30,000 won of the down payment (the People’s Closure) with the content that “the Defendant is paid in installments after the completion of the contract.”

However, the facts are that the company operated at the time was difficult to operate in itself due to customs censorship, etc., and the company failed to pay other debts such as bonds, etc., and gave urgings due to the failure to pay them, and the fine to the People's Republic of China is unpaid, so there was no intention or ability to install screen golf equipment even if it receives down payment and intermediate payment from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim, received the said sum of KRW 90,00 (Korean KRW 1,6380,000,000,000,000,000,000,000,000 won for the intermediate payment on May 10, 2012 (the People’s Abolition), and acquired the said sum (Korean KRW 1,638,00,00).

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Scrap golf machine sales combined, receipt; and

1. Previous records of judgment: Criminal records, investigation reports (report attached, such as a duplicate of written judgment), and application of Acts and subordinate statutes of a duplicate of judgment;

1. Relevant provisions concerning facts constituting an offense;

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