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(영문) 수원지방법원 2017.10.17 2017고단4053
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The Defendant is a foreigner of Chinese nationality, and is a person who manufactures household goods, such as ice ice ice stuff, operated by the Defendant in China, and imports and sells them through domestic corporations.

On November 2016, the Defendant concluded that “The Defendant would import and sell ice ice ice ices, etc. produced in China” to the representative director of the victim company H in the Songpa-gu Seoul F building and the office of the victim company G in the third floor of the third floor, and concluded that “The Defendant would, first of all, pay the price and bank fee within 90 days after opening a letter of credit under the name of the company G and paying the import price, and pay 3% of the completion of the agency fee.”

However, at the time, the Defendant had been in possession of considerable inventory because he had not sold ice ice stuffs, etc. previously imported by the Defendant, and had been unable to receive the sales price from the seller due to the shortage of funds. In such a situation, on August 8, 2016, the Defendant was unable to pay USD 175,820 ($ 19,9370,000) in the letter of credit opened in the name of the firstman Co., Ltd., Ltd., Ltd., which was operated by the Defendant, for financing. Therefore, even if the victim had opened a letter of credit and settled the import price, he did not have the intent or ability to pay the purchase price and the bank fee normally within the repayment period or to pay the commission to the victim.

Around November 25, 2016, the Defendant opened a credit of 556 L/C at the point of the village, such as a company bank, etc., located at the airport of Yangcheon-gu, Seoul, to pay USD 62,425.73 ($ 75,190,00) for the revenue on December 22, 2016, and around December 6, 2016, the Defendant had the victim pay USD 62,425.73 ($ 7,5190,000) at the point of the village, such as the same company bank, etc., and opened a credit of 29,490 ($ 19,794.16,000,000) for the revenue on December 22, 2016.

Accordingly, the defendant deceivings the victim.

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