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(영문) 서울중앙지방법원 2015.11.13 2013고단8454
사기
Text

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

Reasons

Punishment of the crime

1. On October 25, 2012, the Defendant entered into a sales contract with the Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”) on July 27, 2012, the Defendant: (a) concluded a sales contract with the former North Korean Asset Trust Co., Ltd. (hereinafter “former Asset Trust”); (b) however, (c) paid a down payment of KRW 123,00,000,000 to the said department store; (d) the Defendant was in a situation where it was difficult for the Defendant to pay the intermediate payments and the remainder; and (e) the Defendant was in a situation where it was difficult for the said department store to normally accept the said intermediate payments and the remainder; (b) further, the Defendant received down payment KRW 22,00,000 from G that operates the said department store F (hereinafter “F”).

Nevertheless, on October 25, 2012, the Defendant testified that the Defendant was using “I” on the family register as the witness of the third trial date of the limited liability company, but the Defendant was using “I” on the prosecutorial questioning of I or J as to I, but the name was not actually used in the village without impeding the identity of the victim and the Defendant’s exercise of the Defendant’s right to defense. The fact that the sales contract for D department stores was concealed that only down payment was made, or that the Defendant had already concluded the removal contract with F, was the actual representative of H, although the victim did not intend or have the ability to pay the removal contract, the victim I (one person J) was present as the witness of the third trial date of the limited liability company, and submitted the resident registration certificate at the time of testimony. Furthermore, the Defendant testified that I was using “I” on the family register on the prosecutorial questioning of I or J, but the name was not actually used. The victim’s identity and the Defendant’s right to defense was changed ex officio without changing the indictment.

By the end of October, the loan is to be transferred, and the loan is to be dyped, and the amount of KRW 50 million is to be lent as the name of removal of D department stores and the name of removal of D department stores, and if so, the payment for completed portion shall be 20% and the loan shall be 5.

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