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(영문) 수원지방법원 안산지원 2016.05.31 2016고정592
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a person who operates electronic component manufacturing business with the trade name C.

Around November 12, 2013, the Defendant requested the Victim E to design a gold-type plan at the office, located in the Gyeonggi-do Si of Mapo-si operated by himself/herself, and received a gold-type plan equivalent to KRW 2,530,000,000 in total, including the CAP-type plan of KRW 1760,000,000 on November 14, 2013; and on December 13, 2013, the Defendant received a gold-type plan equivalent to KRW 3,740,000,000 in total, including the CAP-type plan of KRW 2,7430,00,000,000, in total, as at the 25th day of each month, and as at the end of the following month.

As such, even if the above gold design is supplied on credit by the injured party from the beginning, the Defendant deceptioned the injured party without any intention or ability to pay the price, and obtained the gold design document in the amount of KRW 8030,000 and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each investigation report (Submission of the details of account transactions for the use of business funds of a suspect, and the F phone investigation for a witness);

1. Recommendation for investigation direction (see, e.g., e., e., see 350 pages);

1. Application of Acts and subordinate statutes on credit information;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 186 (1) and Article 191 (1) of the Criminal Procedure Act;

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