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(영문) 울산지방법원 2016.10.13 2016고단156
사기
Text

Defendant

A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a year, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2015, Defendants A and B were sentenced to three years of suspended sentence to two years of imprisonment, and Defendant B were sentenced to two years of suspended sentence to one year and six years of suspended sentence to one year and six months of imprisonment, and the above judgment became final and conclusive on February 6, 2015.

Defendant

A is a director at the "E", a livestock product supplier in Ulsan-gun, U.S., a U.S.-gun, and has overall control over the above company, such as customer business, management, and payment. Defendant B is a representative of E upon request from A and operated E together with A.

In the process of establishing and operating E around September 2009, the Defendants were caused by the enemy and experienced difficulties in financing, and they were false statement that they supplied imported meat to the victim H, the representative of the imported meat supplier, “G”, such as “I” and “J”, which was known through the introduction of Defendant F, to a large restaurant, etc., with the victim’s supply of imported meat from the victim and immediately disposed of it as dumping, and instead instead pay the amount of supplied imported meat to G, and instead pay the obligations, etc. to the existing customer.

On September 25, 2013, the Defendants conspireded to supply the goods to the victims of the Bulsan (U and J) by calculating the amount equivalent to 4% of the supply amount within 15 days after the delivery of the imported land to the victims of the Bulsan (i.e., large restaurant and Ulsan).

However, in fact, the Defendants sold the supplied goods to other enterprises as dumping, and thought to use some of the proceeds for personal purposes, such as the repayment of debt, etc., and there was no intention or ability to pay all the price for supply to the victims due to the lack of property or import.

The Defendants, as seen above, deceiving the victim and then, from September 25, 2013 to November 27, 2013, received a total of KRW 1.76,494,687, as stated in the attached Table of Crimes, from the victim, the sum of KRW 1.76,858,892 from the victim to November 27, 2013, and then remitted to the victim only KRW 1.46,858,892.

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