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(영문) 대구지방법원 경주지원 2018.12.19 2018고단363

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from around 2012 to November 2016, is a person who operated the “C” located in Daegu-gun B.

1. The criminal defendant against the victim D would pay the price of goods in cash at the above “C” office in early July 2016 to the victim D, and at the end of two months after the end of the two months from the date of delivery if he/she delivers metal parts required for plant production in E operated by the party.

The phrase “ makes a false statement.”

However, in fact, “C” operated by the Defendant has reached approximately KRW 2.2 billion, and the outstanding amount that has not been paid to other customers has reached approximately KRW 350 million. Around May 2016, the Defendant had raised bonds and repaid the obligation for the supply of goods to various customers in the form of prompt repayment. In addition, since there was a situation where taxes and employees have not been paid for the supply of goods from the injured parties, there was no intention or ability to pay the amount on the date of the promise.

The Defendant received metal parts equivalent to KRW 29,719,80 from the injured party at the end of July 2016, as well as the supply of metal parts equivalent to KRW 8,514,550 around August of the same year, equivalent to KRW 29,327,650 around September of the same year, equivalent to KRW 29,327,650 around September of the same year, and equivalent to KRW 8,63,930 around October of the same year, respectively.

Accordingly, the defendant was given property by deceiving the victim.

2. On August 2016, the Defendant against the Victim F, at the “H” office operated by the Victim FF in Daegu-gu, Daegu-gu, Seoul-gu, the Defendant supplied the Victim with the iron plates and returned raw materials to the Defendant. The transferred amount to the Defendant would have been paid out by transferring the claim for the purchase price of goods to the Defendant, and the price for goods for the raw materials to be supplied to the Defendant would have to be paid to the Defendant until November 2016.