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(영문) 수원지방법원 2016.12.15 2016고단4547
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A had the victim D supplied the croquerel type for the use of the promotional product to E, and had the victim borrowed the down payment in order to borrow the down payment in order to obtain the down payment by deceiving the above type of revenue. Defendant B, who was aware of the fact that he imported the above croquerel type, made the money remitted from the victim to himself, and obtained the consent of Defendant B by suggesting that he will receive the money transferred from the victim by doing so.

Defendant

On April 10, 2015, A entered into a contract with the victim "E company to supply croquerel type as a promotional product" at the main office of the victim's operation in Hanam-si. On April 10, 2015, A entered into a contract with the victim "E company". After deposit 50 million won with the importer B, the product import is completed after deposit with the importer B, and then deposit is requested to the above B in lieu of the down payment. On that hand, I would have to directly receive KRW 192.5 million from E. At that time, I would deposit KRW 125 million with B with the exception of KRW 50 million deposited, and the remaining KRW 17.5 million with the debt already paid to the party." The defendant also sent the victim's false statement to the above purport, and the victim's letter of advance payment to the victim under the name of the main office in the name of H.

However, the Defendants did not plan to import the form of a croquerel.

The Defendants, as seen above, by deceiving the victim, received KRW 30 million from the victim to the corporate bank account in the name of H H’s name on April 10, 2015, and KRW 20 million in total from the said account on April 13, 2015.

As a result, the defendants conspired to acquire another's property by fraud.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to advance confirmations, ordering documents, details of transfer, and copies of bankbooks adjacent to H optical scenic spots;

1. Defendants of the pertinent Article of the Criminal Act and the choice of punishment for the crime: each of the Criminal Act.

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