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(영문) 대전지방법원 천안지원 2013.05.03 2013고단86

사기

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On September 9, 2011, the Defendant made a false statement to the effect that, at the office of the “C” company operated by the Defendant, a “C company,” which is a aluminium processing company located in Western-gu, Western-gu, west-gu, the Defendant entered into a contract for the supply of semiconductor parts with the Defendant, by phoneing to the employees in charge of supply of the name of the victim Korean Spubusaa and Aluminium corporation, a supplier of aluminium raw materials. The Defendant would pay the price after 30 days from the delivery of the Aluminium, a raw material necessary for the manufacture of the parts

However, in fact, in order to maintain a continuous contractual relationship with a D company, the Defendant entered into a supply contract under a condition that no profit would accrue even if the parts were to be supplied to the D company and rather would have any loss. At the time, the Defendant did not have any particular property, while at the time, the Defendant was liable to pay the amount of KRW 6-700 million, so there was no intention or ability to pay the amount in accordance with the said promise even if the Defendant

Around September 9, 2011, the Defendant was supplied by the victim with Aluminium equivalent to KRW 24,750,990 at the market price. Aluminium equivalent to KRW 112,860 at the market price around September 16, 201, Aluminium equivalent to KRW 26,730 at the market price around September 19, 201, and Aluminium equivalent to KRW 106,920 at the market price around September 21, 201, respectively.

Accordingly, the Defendant, by deceiving the victim, received property equivalent to the total market value of KRW 24,970,770.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Copy of the application for bankruptcy and immunity;

1. Copies of each certificate of liability;

1. Application of statutes to a copy of a certificate of balance of debts;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Although the amount of damage caused by the sentencing of Article 62(1) of the Criminal Act is reasonable, considering the following factors: (a) there is no criminal record for the defendant; (b) there is no criminal record for the defendant; and (c) there is no criminal record other than the fine, and there