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(영문) 의정부지방법원 2016.02.15 2015고단3286

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 is the representative of C, who manufactures and sells leather products after receiving lawsuit bamboo, and the victim (State)D is the company that imports and sells the lawsuit bamboo.

In fact, C was in the status of having a debt worth approximately KRW 5 billion in early 2013, and in particular, it was difficult to pay the factory operating expenses or wages of employees as the position to pay KRW 200 million in 20,000 in 2 months for the credit loans received from a corporate bank.

Nevertheless, the Defendant, on January 2013, stated that “The Defendant, as the representative director of the Victim (State), imported large volume of bamboo with the credit, would have to pay the price for the goods within 2 months from the opening of the credit in the name of (State) D, and would pay the price for the goods and pay the fee accordingly, if he/she imported the bamboo.” However, the Defendant, as the Defendant, from October 2013 to February 4, 2014, imported the sum of the price for the bamboo and the commission for the import of the goods on behalf of the victim from February 225, 207 to February 4, 2014, did not pay the said amount, and eventually, he/she obtained the benefit of the said amount from the victim.

In fact at around October 2013, the Defendant, as described in the preceding paragraph, has reached KRW 5 billion, and continued financial aggravation, such as pressure on repayment of loans from the bank, and even if the lawsuit was supplied by the injured party and sold it to the customer, the Defendant stated that “if the lawsuit is supplied with the bamboo in (State) D, the Defendant would have sold the products made of the said bamboo to the injured party and repaid it to the price of the supplied goods sealed by selling it to the injured party.” The Defendant received a total of KRW 124,021,673 from October 11, 2013 to July 22, 2014 from the injured party.

Accordingly, the Defendant acquired a total of 349,293,157 won from the injured party.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The defendant;