beta
(영문) 대구지방법원 서부지원 2016.04.07 2016고단8

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 4, 2014, the Defendant, at the office of E Co., Ltd. operated by the Defendant in Daegu-gun (Seoul-gun) around August 4, 2014, held two copies of promissory notes (on October 30, 2014, October 30, 2014, and November 30, 2014) with a face value of 25 million won at each face value, with the Defendant’s employees of the Victim FF Co., Ltd. (Representative G) at each of the E Co., Ltd. (hereinafter “FF”), and “I do not know about the issue of bills to be settled, and I would like to pay from now to now the outstanding amount,

A false statement was made on agricultural machinery, such as power-driven machines, to be supplied.

However, in fact, the above E Co., Ltd. operated by the defendant suffered a loss equivalent to KRW 800 million during the first half of 2014, and thus suffering loss by disposing of the inventory, and the debt to the transaction partner including the above victim F Co., Ltd. was 600 million won. From July 2014 to Nov. 2014, 2014, 110 bills issued at the face value of KRW 3.7 billion and discounted cash or prevented the return of the existing bills through I operated by the land manager. Thus, it was predicted that even if the damaged person received the agricultural machinery, the delivery of the said bill did not have the intent or ability to pay the price, and that the delivery of the bill could not be settled.

The Defendant, as such, by deceiving the victim, received agricultural machinery equivalent to KRW 87,681,00,00 in total from August 4, 2014 to September 2, 2014, such as power towing machines, etc. from the victim to the victim.

2. On September 4, 2014, the Defendant, at the office of the above Defendant, issued a promissory note with a face value of KRW 50 million to H, who is an employee of the said victim, at the office of the said Defendant, and issued a promissory note with partial payment of outstanding amounts.

This bill is a bill to be settled on the date of payment without the mold, and the remaining outstanding amounts and the goods supplied from now to now shall be settled without the mold.

A false statement was made on “Additional Supply of Agricultural Machinery.......”

However, facts are for the same reasons as the preceding paragraph.