(영문) 서울북부지방법원 2011.04.14 2010고단514

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2011.04.14 2010고단514

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The defendant, who is operating a Taekwondo hall in the United States L.A, was aware on June 2005 that the victim C was engaged in the business of manufacturing and processing green products and was aware of the fact that the victim C was engaged in the business of manufacturing and processing green products.

On August 2005, the Defendant made a false statement in L.A. to the victim by facsimile in the United States L.A, stating, “If the Defendant sent green tea products of an amount equivalent to KRW 50 million to the United States, he/she would make a payment in cash after one month.”

However, there was no intention or ability to pay the price.

Around September of the same year, the Defendant, by deceiving the victim, received from the victim the amount equivalent to KRW 50,000 ($ 49,410) of green tea products from the U.S. L.A. around the same year.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by C of a witness in the fourth trial record;

1. A complaint;

1. A copy of a contract for goods supply;

1. Application of Acts and subordinate statutes to the award;

1. According to the evidence acknowledged prior to the reasons for sentencing under Article 347(1) of the Criminal Code of the relevant criminal facts, the defendant is obligated to declare the following facts: (a) as stated in the facts charged in the instant case, the defendant prepared a contract for supply of goods from the victim; (b) the defendant did not pay the price; and (c) the defendant has no intention to pay the price up to the present; (d) the defendant, representing the victim, tried to avoid his liability on the grounds that he was merely a person entrusted with the sale of goods from the victim; and (e) the defendant did not take any measures for the recovery of damage up to the present; and (e) the nature of the crime, such as failing to return to the United States upon the date of the closing of argument set after the date of the closing of argument, is deemed to be less and less severe, such as failing to return to the United States

참조조문

-형법 제347조 제1항

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