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(영문) 광주지방법원 순천지원 2019.02.15 2017고단1520
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is the representative of the Dispute Resolution Co., Ltd., and the victim Co., Ltd. is a company that operates metal materials wholesale business, and D is the representative of E, a company that operates business consulting and intermediary trade in the Philippines.

On September 9, 2013, the Defendant produced and sold to G food waste treatment machinery (20 tons) equivalent to USD 1,450,000 (20 tons, hereinafter the instant machinery) from the office of the injured party located in the Gyeongsung-gun F, the first instance court accepted the letter of credit from the domestic bank after receiving the export price from NA (the export bank presenting shipping documents, such as the letter of credit and the letter of exchange, and the export draft, and the procedure for securing the funds) and then made the instant machinery. As C could not manufacture and sell the instant machinery due to the lack of credit, instead of manufacturing and selling the instant machinery, it would be 450,000 US dollars, 250, 3000 US dollars, 300, 35000, 3500 US dollars, 3000, 3000, 35000, 3000 local currency, and 300 local currency bills.

However, in fact, the Defendant did not have any experience in creating food waste disposal machinery, and there was a lack of technology, human resources and facilities to manufacture it, and it was thought that the Defendant would use it for personal purposes, such as repayment of borrowed money, church donation, vehicle purchase, etc. with money from the victim, so even if the victim received the export price with the money, the Defendant did not have the intent or ability to allow D to pay the export price by manufacturing and exporting the machinery of this case with the money, or to purchase the materials from the victim.

Nevertheless, the defendant deceivings the victim as above.

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