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(영문) 인천지방법원 부천지원 2015.02.13 2014고정1359
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who operates a “B company” as a manufacturer of automobile parts, etc.

On February 25, 2010, the Defendant received an order from the victim D to the “E” operated by the victim D in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, for a glass mortar, etc., which is a part of a motor vehicle, and said that the victim would pay the price for the said part and supply the main part to the victim.

However, in fact, around April 2010, the defendant had no intention or ability to supply the above parts even if he received the payment for the supply of parts from the victim because the domestic MOC factory that was supplied with the above parts has closed door and moved the factory to China.

Nevertheless, the defendant deceivings the victim as above and acquired 1.3 million won from the victim as the contract deposit for the supply of parts on June 1, 2010.

Summary of Evidence

1. Legal statement of witness F;

1. Receipts:

1. Details of banking transactions;

1. Investigation report (Confirmation of the injured party);

1. Application of Acts and subordinate statutes, such as criminal records;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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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