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(영문) 춘천지방법원 2015.11.19 2015고단633
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around March 14, 2014, the Defendant: (a) at the D coffee shop located in Chuncheon-si, the Defendant entered into a contract with the Korean Federation of French FF, a manufacturing company of physical equipment; (b) instead of the name of H that he/she operates under a negotiated contract with the G Office of Education’s Office of Gangwon-do (F products) for the supply construction of the C C C C C C C C C C C C C C C C C. On the completion of the construction, the Defendant would pay KRW 10 million out of the construction cost of KRW 6,480,000,000. On the first of all, a part of the payment of KRW 420,000,000 which is 70,000 of the construction cost is to be used as the price for the supply of the I C C goods in progress; (c) the remainder of the construction work after completing the construction work; and (d) the supply of the goods by June 13, 2014.

However, the Defendant planned to use the said money as debt repayment and living expenses of KRW 200 million against J, and office operation expenses. In addition to the above debt, the Defendant had a debt equivalent to KRW 20 million to a corporate bank and KRW 30 million to the second financial right, and there was no particular property, thereby preventing the return of the construction cost. As such, even if the said money was paid, there was no intention or ability to complete G construction by transferring it to the head office of French FF to the price for goods, and to complete G construction by June 13, 2014.

As such, the Defendant, by deceiving the victim, received KRW 420 million in total from the victim to the corporate bank account under the name of the Defendant, for the purpose of selling goods, and received KRW 100 million on March 24, 2014 and KRW 320 million on March 28, 2014.

Summary of Evidence

1. A complaint filed against E;

1. A contract for goods;

1. The agreement on the technical support for goods supply;

1. A letter of undertaking;

1. A deposit certificate;

1. Statement to E by the police;

1. Each police interrogation protocol against the accused;

1. Statement of transactions by account;

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