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(영문) 수원지방법원 안양지원 2015.09.10 2014고단1654

사기

Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Part of the facts charged shall be corrected or supplemented without following the amendment procedures to indictment to the extent that it is deemed that the facts charged are identical and there is no concern about the substantial disadvantage to the defendant'

The defendant around March 31, 2014, at the F office used by the defendant in Kimhae-si, Kimhae-si, the victim stated the facts in the facts in the facts in the facts in the facts in the facts in the case of the victim D corporation as G, and the victim

Around April 21, 2014, the Defendant called the G operating G to “The Defendant would pay the price to the G operating G by not later than April 21, 2014, if it is ordered to supply Chile P.C. to the G operating K.C.

However, in fact, H had a large amount of KRW 400 million in 2013, but at the time had a debt of KRW 400 million to be paid to other companies at the time, and there had been a debt of KRW 20 million in the amount of unpaid goods to the victim company, and there was a debt of KRW 20 million in the bank loans.

In addition, the Defendant had a personal debt of KRW 370 million, while the Defendant did not have any property other than KRW 120 million.

However, the defendant tried to give priority to the victim company's repayment of the bank loans of KRW 200,000,000,000, or the repayment of the debt to other business partners of H.

Therefore, even if the defendant is supplied with the help from the victim company, he did not have the intention or ability to pay the price in time.

As above, the Defendant, by deceiving G, received from the victim company the supply of Chilean City amounting to KRW 256,073,000 from March 31, 2014 to April 21, 2014, all of the Defendant acquired by deception from the victim company.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. A complaint filed by G;

1. Investigation reports (including submission of evidentiary materials by a suspect), investigation reports (organization of details of financial transactions by A and I);

1. A shipment certificate and invoice (number 2),