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(영문) 창원지방법원마산지원 2020.11.10 2020고정335

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the representative of Do retail Co., Ltd., including steel located in Haan-gun, Haan-gun, and the victim D has been the representative of Steel Manufacturing Co., Ltd., and the defendant and approximately about 10 years of transactions.

Around April 11, 2019, the Defendant stated that “The Defendant would pay the victim the price at which the goods are supplied,” and “the price at which the goods are supplied.”

However, at the time, the Defendant was liable to pay KRW 00 million to various financial institutions such as Gyeongnam Bank, and the Defendant was unable to operate the company normally because it was unable to pay the price of goods to many trading companies such as the victim. Since the Defendant was supplied with goods by the victim and sold them to other trading companies, the Defendant was planned to prevent the payment from returning the price due to the Defendant’s personal debt repayment or the repayment of the obligation to other trading companies, and thus, there was no intention or ability to pay the price even if the goods were supplied by the victim.

As above, the Defendant, by deceiving the victim, received steel materials equivalent to KRW 37,046,394 from April 11, 2019 to May 13, 2019 from the victim and acquired them by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Details of transactions;

1. Current status of dividends distributed to each creditor;

1. Application of Acts and subordinate statutes on investigation reports (Attachment to Credit Information Inquiry Documents, etc. to Suspects);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of applicable sentences under law: Fines of 50,000 to 20 million won;

2. Non-application of the sentencing criteria: Non-application of the sentencing criteria by selecting fines;

3. Opinions of the public prosecutor: Fines of seven million won;

4. The Defendant, by deceiving the victim, received approximately KRW 37 million supply of steel materials and acquired them by deception.

transaction for about 10 years.