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(영문) 대구지방법원 김천지원 2018.01.23 2017고단903

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. that closed around June 30, 2013, and the victim D Co., Ltd is a company that manufactures and sells asphalt.

The defendant around October 2012, at the office of the damaged company in Kimcheon-si, Kimcheon-si, F, the president of the victimized company, the president of the victimized company, "I will pay the price of the goods after the week from the credit supply of the Scom on credit.

The phrase “ makes a false statement.”

However, in fact C Co., Ltd. had approximately KRW 1 billion of the bank debt, approximately KRW 200 million of the purchase debt, and around KRW 200 million of the employee's monthly wage was not good, and the Defendant was also in an economic difficult situation, such as multiple bank loans and credit card obligations, and even if the payment for the construction work has been in progress at the time, it was planned to be used for other construction payment obligations, and there was no intention or ability to pay the goods to the damaged company.

Nevertheless, the Defendant deceiving F and caused C Co., Ltd. to be supplied with 31,775,304 metric tons from the victimized Company around October 15, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Investigation report (investigation into F Telephones for Reference), investigation report (the statement on an excursion ship made by a reference F);

1. The financial status of the Defendant and C Co., Ltd. at the time of the instant case can be acknowledged as stated in its reasoning, such as credit information inquiry data, electronic tax invoices, loan certificates, basic collection activities reports, all registered matters, certificates of transaction, transaction records, delivery books, and standard financial statements (based on these evidence, and considering the circumstances where C Co., Ltd completed construction with a container supplied by the victimized Co., Ltd. and paid the construction price, it was closed at eight months without paying the price in full by the damaged Co., Ltd. at the time of the instant case. In addition, considering the fact that C Co.’s payment of the construction price was made, it is sufficiently recognized that the Defendant had the intention to obtain the container at the