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(영문) 창원지방법원 2017.09.13 2016고단2185
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

On November 15, 2014, the Defendant purchased it as the actual representative of D Co., Ltd. D with the purpose of non-ferrous and scrap metal trade business, and on November 15, 2014, through D Co., Ltd. F with the scrap metal business operator F, that included at least 40% of the total weight of 127 tons in the total amount of 127 tons in E Co., Ltd.

“False speech” was made.

However, in fact, the Kavia roll was a lux metal with a large volume of 0.1m m from the surface, which is merely a lux gold, but does not contain any lux.

Even so, Defendant 1, as seen above, was accused of the victim and transferred KRW 184 million to an account in the name of D Co., Ltd. operated by Defendant as the purchase price on November 18, 2014 from the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. Each statement of the witness G and F in the second public trial records;

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

1. A protocol concerning the examination of suspect to the prosecution of some of the accused (including the two-time and the whole part);

1. Statement made by each prosecutor to H and I;

1. According to the evidence duly adopted and examined by this Court, a copy of the passbook (in accordance with the evidence duly adopted and examined by this Court, the Defendant included 40% or more of the lux in the Defendant’s luxol that was awarded a successful bid to the victim via F around November 15, 2014.

The facts that delivered the phrase to the effect that “the Defendant had been well aware of the fact that the Defendant had already been aware of the fact that the composition was not almost included in the lux. However, as long as the Defendant made the above horses and received the payment equivalent to the purchase price (if the victim knew of such circumstances, it is deemed that the sales contract itself was not itself or that the purchase price was significantly changed even if the victim knew of such circumstances), the facts charged in the instant case including the criminal intent of defraudation, etc., are reasonable doubts.

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