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(영문) 의정부지방법원 고양지원 2017.07.07 2017고단492

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was in charge of F’s business, fund management, etc. while serving as a director of F Co., Ltd. (hereinafter “F”) located in Si interest, E (hereinafter “F”), and was in charge of F’s business, fund management, etc.

The Defendant, at the F office around May 11, 2016, supplied the following: (a) the representative director of the Victim G Co., Ltd. (hereinafter “victim”) (hereinafter “F”) to H: (b) the Defendant supplied the F office a chapter of KRW 34,650,000 on the bill issued by F as security. If so, the Defendant would necessarily pay the price of goods by September 22, 2016, the due date of the bill of exchange.

The phrase “ makes a false statement.”

However, as the financial situation of F was poor at the time, it was difficult to settle the existing bill normally, so there was no intention or ability to pay the price in time even if the bill was supplied by the injured company.

Nevertheless, the Defendant deceiving H as above and supplied each of the above amount equivalent to KRW 8,60,130 on the same day from the victimized Company, equivalent to KRW 8,679,825 on the 12th day of the same month, equivalent to the market price of KRW 8,711,010 on the 14th day of the same month, and equivalent to KRW 13,277,880 on the 16th day of the same month, but did not pay the total amount equivalent to KRW 39,268,845 on the 16th day of the same month.

Summary of Evidence

1. The legal statement of the witness H and I in part;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. H statement part of the police interrogation protocol against the defendant [the defendant denies the criminal intent of defraudation, but the defendant's transaction behavior revealed by the above evidence is profits by again selling the same amount manufactured by using raw materials from the J company to the J company, etc. The defendant was supplied with raw materials from the damaged financial situation to the extent that the J company could not supply the raw materials. The financial situation of 100 million won, which was issued as loans and did not receive any attempted money from the J company at the time, has deteriorated due to the situation where the maturity of bills issued as loans would expire, and the products manufactured by receiving raw materials from the injured party, which were supplied as raw materials, are resolved by normal sale.