beta
(영문) 서울중앙지방법원 2016.02.04 2015고단4099

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has served as a representative director of the IF, Hacheon-gu, Hacheon-gu. H 4th floor.

On July 2012, 2012, the Defendant: “If a semiconductor part entered into CCTV when our company received an export order is required and the semiconductor part is sent, the Defendant shall pay the price for supply within two weeks” to the Victim K, who is in charge of the said I (State) Office, and the same year.

8. 22. Drafting this purport in the name of two companies with a good supply agreement and a letter of undertaking.

However, at the time, the above company operated by the defendant had a financial and commercial obligation of KRW 4 billion and had been in arrears with the employee's paid-in time, and even if the damaged company supplied semiconductor parts from the above company's management difficult relationship, such as the purchase of semiconductor parts, etc., even if it was supplied with semiconductor parts from the above company's management difficult relationship, there was no intention or ability to pay the price for supply in time.

On September 11, 2012, the Defendant acquired property benefits equivalent to the above amount because it was supplied with semiconductor parts equivalent to the market price of 167,508,591 won in the first instance of the International Dispute Resolution Co., Ltd. and did not pay the price for supply.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to K in the police statement;

1. A tax invoice, certificate, process deed, official document related to the report of claim pursuant to the decision of bankruptcy, a certified copy of the register of each juristic person, and the text of the judgment (2014 related to the lawsuit for price of goods, 3517);

1. Application of Acts and subordinate statutes to inquiries about criminal history;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. At the time of conviction under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Act on the Suspension of Execution, the Defendant bears excessive obligations and is in arrears with wages of employees, etc.), and there was a situation where any contingent risk is obstructed, but such circumstances are the victim.