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(영문) 대구지방법원 2019.03.21 2018고단6023
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Around April 2015, the Defendant, a company manufacturing water purifiers, was practically operating the product with the request for the development of the carbon and cooling water meter from the Victim (State)C, and entered into a contract with the victim on October 6, 2015 with respect to the shooting and presses used in the carbon and cooling water season, and determined the down payment of KRW 100 million (in lieu of KRW 100 million paid by the victim to the Defendant on September 25, 2015), the intermediate payment of KRW 100 million (payment to T1 which is the point at which the first prototype was generated), the remainder of KRW 100 million (payment after the completion of the first mass production and inspection), and the total of KRW 300 million (including additional tax 330 million).

The Defendant did not complete the presses, around November 13, 2015, but the gold sponsed the victim’s staff D, who is in charge of the victim’s sponsed that “It is difficult to make the pressespon upon the production of one presses, so it is difficult to revise once it is made, once the correction is made, it is once the intermediate payment is made.” On the same day, upon D’s consent, the Defendant received KRW 120 million from the victim as part payments.

Nevertheless, until May 2016, the Defendant failed to complete the primary mass production and examination, and caused pressure to pay the balance to D in advance, and D said D said D said the Defendant would pay the balance in advance if the presses are produced.

Therefore, the Defendant, even though the presses had not yet been produced, issued a false gold-type custody certificate to D, and received any balance. On May 17, 2016, the Defendant asked F to prepare and request a gold-type custody certificate to the effect that the gold-type is kept by phone calling to F from the representative of the business partner (E) to the F, and the F accepted this.

On the same day, the Defendant continued to do so at the (ju) E office located in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the G in the same day, “F is

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