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(영문) 전주지방법원 2018.11.22 2017고합128

특정경제범죄가중처벌등에관한법률위반(사기)

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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is the actual operator of C in Seo-gu Incheon, and around May 2013, at the F Co., Ltd. office operated by the victim E in Jung-gu Incheon, Jung-gu, Incheon (former G Co., Ltd.) around the end of May 2013, the defendant provided the victim with physical security equivalent to KRW 2 billion at the end of the next month as the C Co., Ltd has received a request for delivery from more than 20 construction companies, and the steel bars are supplied.

“A false representation was made.”

However, the Defendant agreed to take over KRW 900 million around May 2013, but did not have received a request for delivery from 20 construction companies. The Defendant was willing to use the iron bars supplied by the complainant as acquisition fund. On May 2013, 2013, the Defendant was able to pay the pre-existing goods in advance by paying the pre-existing goods at once, and was supplied with the pre-existing goods. In fact, the Defendant actually paid the pre-existing goods by increasing the amount of the loan. Accordingly, since the financial right debt amounted to KRW 1.4 billion, there was a need to pay interest on the real estate provided as security to the victim around June 2013, since there was no need to receive the payment of the pre-existing goods by selling the loan amount to KRW 1.0 billion, and even if the pre-existing goods amounted to KRW 500 million, no pre-existing goods amount to KRW 500,000,000,000 did not have any value of the funds to be paid.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained a total sum of 2,794,233,380 won from June 3, 2013 to July 29, 2013 from the victim, and acquired it through the supply of 2,040.26ton equivalent to KRW 2,04,00,000 from June 3, 2013 to July 29, 2013.

Summary of Evidence

1. The defendant's person;