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(영문) 의정부지방법원 고양지원 2016.09.02 2015고합258
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application for compensation by an applicant for compensation shall be dismissed.

The facts charged of this case.

Reasons

Punishment of the crime

On August 8, 2011, the Defendant decided to purchase USD 1,110,00 (limited to the “the instant ceiling air”) from USD 1,284,00,00 in the Defendant’s office of the F Co., Ltd. (hereinafter “Defendant Co., Ltd.”) located in Yongsan-gu, Yongsan-gu (hereinafter “Defendant Co., Ltd”). The Defendant drafted a written contract with the purport that “the Defendant will make payment within one month after the goods arrive at the destination, and the remainder of 40% will be made within six months from the date of conclusion of the contract” from the agent G of the victim publicity Tech Co., Ltd. (hereinafter “the instant ceiling air”), and that “the Defendant will make payment within six months from the date of signing the contract.”

However, in fact, the Defendant Company was liable to pay KRW 1,10,000,000 at the time, and the Defendant Company’s financial status was difficult because there was no property value other than KRW 30,000,000 of the Defendant Company’s office rent deposit, and in light of the Defendant Company’s management performance at the time, even if the Defendant Company did not have to pay the remainder within the period agreed upon by the victim. Thus, the Defendant did not have the intent and ability to pay the purchase price properly even if it received the instant ceiling air from the victim.

Nevertheless, even though the Defendant was delivered with astronomical air by the victim on December 30, 2011, the Defendant wired USD 222,000 equivalent to 20% of the above sales price to the victim from December 1, 201 as contract deposit, etc., and did not pay USD 88,000, which is the balance.

As a result, the defendant deceivings the victim without the intention or ability to repay, thereby obtaining the ceiling air equivalent to USD 1,110,000 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I and J;

1. Second installment;

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