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(영문) 의정부지방법원 2015.12.07 2015고정1909
사기미수
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Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From October 2012 to March 2014, the Defendant operated the “E” company for the purpose of manufacturing the victim D and PE interior, etc., and took charge of the production and fund management, etc. of the indoor products, such as automobile PED, and the victim was in charge of the inventory of goods and the management of employees.

On March 20, 2014, the Defendant decided to liquidate the same trade relationship with the victim, and made a false statement that “E” office located in Namyang-si, Namyang-si, and the fact that the unit price for the private part supplied by the trader in the above “E” was 50 won or less, but the victim received 100,000 parts, which are parts necessary for the manufacture of indoors, such as a motor vehicle, and the cost for the part was 25,00,000 won or more per unit price, and 25,000,000 won per unit price for the private part.”

The Defendant, as such, by deceiving a victim who was unaware of the unit price of the withdrawn part, was subject to a delivery of the above amount, but the victim did not commit an attempted crime by filing a lawsuit to confirm the existence of an obligation with the District Court around August 27, 2014.

Summary of Evidence

1. D's legal statement;

1. Contract for termination of the partnership business and of monetary agreement;

1. Details of each transaction, the quantity of parts consumed, and the details of Internet sales, such as the interior of E cars;

1. Details of the proceedings in which the Speaker's District Court 2014Ra2014da114718 ceases to exist; and

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

1. Relevant provisions of the Criminal Act and Articles 352 and 347 (1) of the Criminal Act concerning the selection of penalties.

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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