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Reasons
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(영문) 서울서부지방법원 2014.11.14 2014고단890
사기
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A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

On May 2013, the Defendant concluded a contract for the manufacture and installation of waste recycling machinery with the victim at the E office, which is a company operating the victim D, located in the former C building 704, for a 400 million won.

In fact, the Defendant was thought to be used for debt repayment, etc. even if he received money from the victim with regard to the above contract for the manufacture and installation of recycled machinery, and even if he did not intend or have ability to perform the above contract, on May 31, 2013, the Defendant made a false statement to the victim by telephone that “If he first sent KRW 100 million to the national bank account in the name of F in the name of F in the name of F in the name of F in the operation of the Defendant on the same day, the Defendant transferred KRW 100 million from the victim to the national bank account in the name of F in the name of F in the name of F in the same day, and then, on June 25, 2013, the Defendant acquired from the victim the victim by means of fraud, stating that “The Defendant is well in the process of the manufacture of facilities, and the amount of KRW 20 million,000,000,000 in the name of F in the first name of F in the first name of the victim.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Statements made by witnesses D in the second protocol of the trial;

1. Application of Acts and subordinate statutes concerning filing of a complaint, contract, statement of remittance, contract, transfer of technology and joint business contract;

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

1. It is so decided as per Disposition on the grounds of not less than Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1488, Apr

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