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(영문) 부산지방법원 동부지원 2017.02.06 2016고단497

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who operates a trade company of “D”, which is called “D” to manufacture and supply the pipes materials, etc. ordered by an overseas company from the fourth floor of the building in Busan Dong-gu, Busan, to a number of domestic companies, such as (ju) chemical distribution industry, and then export them to the said overseas company.

1. On November 25, 2010, the Defendant issued an order at the above D office with the victim (the victim) 2,172 Radddr 2,172 in the instant D office around November 25, 2010 to pay KRW 107,127,400 after loading the said Radr dr dr dr dr dr dr dr dr dr dr dr e to the place designated by the Defendant.

A false statement was made.

However, in fact, from around 2010, the Defendant received a loan from a bank due to a sudden decline in the volume of D’s export, due to the difficulties of the company’s circumstances, and was operating a company in the form of “return”, which is paid to another customer who was supplied goods by a foreign company to the said customer and was supplied to the said customer, once he received the goods from the foreign company and was supplied to the said customer. In addition, there was no special property other than the real estate equivalent to KRW 360 million in the market price under the name of the Defendant at the time, and rather, there was no intention or ability to pay the said goods even if the goods are supplied from the damaged party, because there was a debt exceeding the amount of KRW 360 million in the new bank and KRW 81 million in the new bank.

As such, the Defendant was supplied with goods equivalent to KRW 396,623,049, as stated in the list of crimes in the attached Table from July 6, 2012, from the time when the Defendant was supplied with a download equivalent to KRW 107,127,40, around December 2010, by deceiving the victim as such, from the time on which the Defendant was supplied with a download equivalent to KRW 107,127,40.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 9, 2012, the Defendant against the Victim (State) E was guilty.