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(영문) 부산지방법원 2016.06.24 2015고단8719

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

The defendant is a person who has supplied shipbuilding machinery to Hyundai Heavy Industries, Hyundai Heavy Industries, and Hyundai Heavy Industries, etc. in the course of operating shipbuilding machinery manufacturers in Busan-gu C with the trade name of D, and the victim E, F, G, H, and I are the representatives of the companies that supplied the machinery to the above D.

At D office from April to May 2014, the Defendant ordered materials to the victims as if normal payments could be settled through the employees of the company, and received materials equivalent to KRW 38,325,00,00 from the J operated by the victim E, which is believed to be true, and received materials equivalent to KRW 147,285,65,657 from K, which is operated by the victim F, and received materials equivalent to KRW 38,116,60 from L operated by the victim G, and received materials equivalent to KRW 26,851,80 from M operated by the victim H, and received materials equivalent to KRW 51,438,150 from N, operated by the victim I, and received materials equivalent to KRW 302,07,00 in total from the victims.

However, in fact, “D” operated by the Defendant has been in exclusive charge of the principal business of the Defendant, along with a decrease in the quantity of imported goods from January 2014 to March 2014 due to the aggravation of management conditions due to the Defendant’s health, failure to observe the delivery date, increase in the defect rate, etc.

O Until now, there was no intention or ability to pay the price of the material as promised to the victims because there was no other responsible property owned by the defendant or company that can be appropriated for the price of the material.

Accordingly, the defendant was provided property by deceiving the victims respectively.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of each protocol concerning the examination of the accused;

1. Part of each protocol made to E;

1. Part of the chief complaint;

1. D A Director of the Account in 2013, 2013.