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(영문) 부산지방법원 서부지원 2019.09.19 2018고단162

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 2016, the Defendant by fraud of the steel plate processing cost, which reads to the effect that, by phone call to the Defendant’s “C” factory located in the early Kimhae-si, the Defendant would end the sales cost on the end of the month and pay the 45th day from the 45th day after the delivery of the steel plate raw materials.”

However, in fact, while the Defendant did not have any specific property at the time, the Defendant did not have any obligation to pay national taxes, delinquent debts, unpaid debts for financial institutions loans, etc., and did not pay employees wages at least 140 million won, and the amount collected from the customer alone seems to have failed to prevent such obligation from returning, and there was no intention or ability to pay the fee for processing, even if he was supplied with the iron plates processed from the victimized company.

The Defendant, by deceiving E as above, acquired pecuniary benefits equivalent to the amount of KRW 1,028,50 of the supply value of KRW 1,028,50 from the victimized company on or around June 2016, the Defendant did not pay the total amount of KRW 3,575,00 of the supply value on or around August 2016, and the total amount of KRW 7,573,500 of the supply value on or around September 2016.

2. On July 2016, the Defendant: (a) made a false statement to the effect that “A” factory “C” (hereinafter “C”); and (b) the Defendant supplied steel plates F by phone call to the said E, would pay the price calculated by adding the above processing cost to the monthly sales cost.”

However, the defendant did not have the intent or ability to pay the price properly even if he was supplied with steel plates from the injured company.

As such, the Defendant deceptions E to the effect that the amount equivalent to KRW 35,752,266, total supply value from the victimized company around July 2016, F. F. F. From August 2016, the total supply value of F. F. F. F., equivalent to KRW 75,005,950, total supply value of F. F. F., the total supply value of which is KRW 83,81,869, around September 2016, is equivalent to KRW 83,81,869.