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(영문) 서울북부지방법원 2014.11.27 2014고단1329
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 a person who operates a vehicle bbox distribution company with the trade name of "C" in Namyang-si, Namyang-si.

On February 2013, the Defendant was merely 800 to 15 million won (10 million won per month average sales x 8-15% interest rate) with an average of 25 million won per month’s operating cost of the offices, such as salary for employees, and was in a state of continuous deficit. On the other hand, there was no property owned by the Defendant on the other hand, while the Defendant’s loans to the State Savings Bank, (State), (State), (State), and (State), (State), (State), and (State), and (State), (State), and (State Bank, and (State Bank) Bank, etc. with an obligation to pay a loan amount of KRW 70 million.0 million.

As a result, even if the defendant was supplied with a motor vehicle black box from the victim D and sold it, he did not have any intention or ability to pay the sales amount on time as agreed by the victim because the sales amount should be used first in terms of loan repayment, payment by other trading companies, office operating funds, living expenses, etc.

Nevertheless, on February 4, 2013, the defendant made a false statement to the effect that "the until the end of the day of late payment for the 100 black boxes" will be paid to the victim at the above "C office" office, and then acquired 100 black boxes for vehicles with a total of 16,500,000 won in the market price from the victim's office in Dongdaemun-gu Seoul building 914, and acquired 100 black boxes for vehicles with a total of 16,50,000,000 won from the victim's office in March 9, 2013, and acquired 100 black boxes for vehicles with a total of 16,50,000 won in the market price from the victim."

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Electronic tax invoices;

1. In case of a list of total tax invoices by customer in 2012-2013, the details of each passbook transaction, the confirmation of debt balance, and the transaction records of loan loan account, respectively.

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