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(영문) 수원지방법원 2016.10.11 2016고합214

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

The Defendant is a person who operated an agency from October 199 to May 26, 2015 with the trade name “E” from D1st floor in Seoul Jung-gu to the printing office.

From September 201, the Defendant had no asset in the name of the Defendant from around December 201, and around December 2014, the outstanding amount exceeded KRW 300 million, and there were other obligations equivalent to KRW 150 million, such as corporate bonds and bank debts of KRW 130 million and the amount of tax in arrears of KRW 150 million. However, even if the Defendant’s obligation is supplied from the victim FF Co., Ltd. (hereinafter “victim”) with excess for printing purposes, the Defendant had no intent or ability to pay the price for the goods by the due date of promissory notes, which are five months after the date of the supply of the goods.

Nevertheless, the Defendant received an excessive amount for printing from the victimized company and prepared cash by selling it in bulk without profits to other transaction parties, and used it to pay the pre-payment to the victimized company, and used it so-called return prevention, which led to the Defendant to use it as the Defendant’s personal debt repayment, company operating expenses, living expenses, etc.

Accordingly, on December 31, 2014, the Defendant made a false statement to the representative director G of the damaged company “to pay the price of goods on the date of payment indicated in the Promissory Notes with a maturity of five months, if the company supplies the excessive amount for printing.”

As such, the Defendant, by deceiving the victimized company and being supplied with an excessive amount of money equivalent to KRW 224,696,890 from the victimized company, and from that time to May 28, 2015, acquired 1,152,042,672 more than six times in total, as shown in the crime list, and acquired bits from that time to May 28, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses H, G, and I