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(영문) 수원지방법원 평택지원 2018.06.01 2017고단986
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant stated “D Co., Ltd.” in the indictment which was established for the purpose of manufacturing, high-railroads in C, but according to evidence records, it is apparent that the Defendant is “D” and this part is not related to guaranteeing the Defendant’s right of defense. Thus, it is corrected ex officio.

(hereinafter the same shall apply)

is the actual operator of the Commission.

On July 19, 2013, the Defendant supplied scrap metal of KRW 200-300 to 290 million each month from the purchase price of machinery to the victim G, the representative director of the F Co., Ltd., the F Co., Ltd., the F Co., Ltd. (F Co., Ltd.) of the F Co., Ltd., the Defendant: (a) purchased 320 million won of Roloine nicotine (high compression and cutting machines) from H to pay the remainder of KRW 30 million; and (b) paid the remainder of KRW 290 million; and (c) paid the money to KRW 200 million each month; and (d) paid the money to KRW 20 million each month; and (e) in the event of violation, repayment of interest accrued; and (e) transfer the machinery without delay.

“On July 8, 2013, drafted between D and H, showed a contract of 320,000 million won in fake trade.”

However, on June 11, 2013, the Defendant entered into a contract with H and I to use the above-way nicotine machine for down payment of KRW 30 million, monthly rent of KRW 600,000,000,000, and there was no purchase of the above-way nicotine machine for KRW 320,000,000,000, and the contract to use it to the victim was prepared with the implied consent of H.

As above, the Defendant deceivings the victim and was transferred to the national bank account in the name of J totaling KRW 200 million, including KRW 100,000 on July 19, 2013 and KRW 100,000 on July 27, 2013 from the victim as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, K and L;

1. Part concerning the statement of K in the protocol of interrogation of the suspect against the defendant by the prosecution

1. Statement made to K in the police statement;

1. Complaint;

1. Each content certificate;

1. Contract for trading;

1. Loan of money for machines;

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