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(영문) 창원지방법원 2015.01.09 2014고단1776

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2014 Highest 1776] The defendant is the representative director of C.

On February 5, 2010, the Defendant made a false statement to the victim E that “If he manufactures two of five tons metric machinery, he would pay 41.8 million won to the victim E by March 5, 2010.”

However, the defendant did not have funds to take over factories for the operation of the company after the establishment of C, so even if the defendant requested the manufacture of machinery, he did not have the intention or ability to pay the price normally.

On March 5, 2010, the Defendant: (a) by deceiving the victim; (b) caused the victim to manufacture two metric machinery of 10 tons; and (c) did not pay the price to the above factory; and (d) acquired it by deception.

[2014 Highest 2112] The defendant is the representative director of C.

From November 20, 2013 to December 2, 2013 of the same year, the Defendant was supplied with office equipment equivalent to KRW 11,254,00 at the market price of 11,254,00, such as chairs, glass, books, clothes, etc. from the victim G, at a company C, which is located in F in Schenyang F, at the time of smuggling.

However, the defendant had no intention or ability to pay the price normally even if he purchases office equipment from the victim due to financial difficulties of the company.

On November 20, 2013, the Defendant: (a) by deceiving the victim; and (b) provided the victim with books, books, attached thereto, etc. equivalent to KRW 3,380,000 at the market price on November 20, 2013; (c) provided the chairs, glass, etc. equivalent to KRW 5,940,00 at the beginning of December 2013; and (d) provided the victim with office equipment equivalent to KRW 11,934,00 at the market price on December 2, 2013; and (c) acquired the victim with office equipment equivalent to KRW 11,254,00 at the market price on December 20, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E and H;

1. The list of evidence submitted by the prosecutor (2014 order 1776) Nos. 4-7 and 9

1. Application of the Act No. 1-7 No. 2014 No. 1-7 to the evidence list submitted by the Prosecutor (2014 high-ranking2

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;