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(영문) 청주지방법원 2013.08.09 2013고단74
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is the managing director of C Co., Ltd. established for the purpose of collecting and treating pulmonary voltages. Around March 12, 2012, at C Co., Ltd.’s office located in Jincheon-gun, Jincheon-gun, the Defendant entered into a contract with F Co., Ltd. and C Co., Ltd. to supply the victim Co., Ltd. (hereinafter “pulmonary pressure recycling products”) with such terms as “the entrustment contract with the Veterans Association for the disposal of pulmonary pressures is at the stage of sexual death, and thus, the Defendant may supply sufficiently recyclable products of 100 tons per month in 2 years.” However, the Defendant was merely at the stage of submitting a business proposal, and did not receive any answer related to a contract from the Veterans Association, which was the supply company of pulmonary pressures, which was the supply company of pulmonary pressures, and thus, did not have the ability to supply pulmonary pressures or recyclable products to the company.”

Nevertheless, on March 12, 2012, the Defendant, as seen above, obtained a total of KRW 100 million from the victim company that deceiving F and believed it as the prepaid payment, KRW 50 million for the same month as the contract performance guarantee, and KRW 30.50 million for the same month from the post office account (Account Number: G) in the name of C Co., Ltd., and acquired a total of KRW 200 million.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of each police suspect against H, I, and J;

1. The police statement concerning F;

1. A copy of a contract for supply of goods, a certificate of deposit, a certificate of deposit, a certificate of each contract for supply of goods, and a certified copy of the register;

1. Application of Acts and subordinate statutes to investigation reports (Hearing statements from persons in charge of the Veterans Association), investigation reports (a contract and a project proposal), and investigation reports (Evidence List Nos. 21);

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the choice of punishment.

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