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(영문) 서울서부지방법원 2014.12.11 2012고단2565
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 27, 2011, the Defendant would import 25,000 ZARA total of 234,625,000 won to the victim B at the coffee shop located in Seo-gu, Seo-gu, Gwangju, Gwangju around June 27, 201. If the Defendant first pays 60 million won as the down payment, the remainder will be prepared and paid by us, and the remainder will be paid upon arrival of the article. The remainder will be Mad'. The remainder will have been definitely prepared. The victim believed to have been remitted from the victim to the new account in the name of the Bank in the name of the Bank of Korea around June 27, 201, the sum of 12 million won around July 1, 2011.

However, in fact, the Defendant did not have economic ability to pay the remainder at the time of concluding the contract with the victim, and the Defendant did not have the intent or ability to perform the clothing import contract even if the Defendant received the down payment from the victim.

The Defendant, by deceiving the victim as above, received a total of KRW 60 million from the victim as down payment and acquired it by fraud.

Summary of Evidence

1. A protocol concerning the examination of suspect by the prosecution against D or the accused;

1. Protocol of the police statement concerning B;

1. A sales contract for imported goods;

1. Details of transactions by reception period;

1. Overseas products import and sale contract;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the choice of criminal punishment;

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