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(영문) 서울서부지방법원 2013.09.27 2013고단1372
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 40,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On July 2012, the Defendant, a person operating F in Yongsan-gu, Seoul E-building 1103, was urged to pay for the goods to the trading company amounting to KRW 250 million, and was willing to supply the goods to the victim D, the president of the G Union, who received demands to pay for the amount of KRW 250,000,000.

Around July 2012, the Defendant, at the Ltel office of Yongsan-gu Seoul Metropolitan Government Htel, concluded that “The Defendant would supply the CPU to the GU immediately receive payment from the settlement agency if he/she is supplied with the CPU, which is the central processing unit of the computer, in order to purchase 40 million won, if he/she wants to report the partnership work.” The Defendant purchased CPU at the Ltel office of Yongsan-gu Seoul Metropolitan Government Htel with 30 million won.

However, the defendant did not have the intention or ability to deliver the goods as the price for the goods is settled by the victim.

As such, the Defendant is clear that “42,425,00 won” is a clerical error in the indictment in the name of “40,425,000 won” written on July 18, 2012, through the first T&C Co., Ltd., a purchasing agency for the victim, which is a purchasing agency for the victim.

(referring to the chief of the complaint, the police statement of D, and the certificate of remittance) were remitted and acquired by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of remittance certificates, receipt certificates, details of transactions, and Acts and subordinate statutes on electronic tax invoices;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 25 (1), Article 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings for Compensation Order (40,425,000 won which an applicant for compensation seeks, as the latter seeks, from among those 40,425,00 won);

1. Article 31 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution

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