(영문) 수원지방법원 안산지원 2016.07.13 2016고단1150

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(영문) 수원지방법원 안산지원 2016.07.13 2016고단1150

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates a stock company B.

On January 20, 2015, the Defendant issued a false statement to the victim D’s employee name in the B office located in Gyeonggi-do, Siung-si, Seoul Special Metropolitan City, that “I will supply the main goods necessary for the manufacture of automobile gold metal” to E and F after receiving the main goods, and then deliver them to E and F, and pay the price for the supplied main goods in receipt of the supply price.”

However, in fact, the Defendant received main goods from G, etc. at the time, but did not pay the main goods, etc., and was liable for the amount of KRW 4473,00,000,00,000,000,000,000,000,000,000,000,000 won, and was in excess of the liability, such as the Defendant was liable for the loan of KRW 98,00,00,00,000,00,000,000,000,000,000,000,000,000

Nevertheless, the Defendant, by deceiving the victim company, received the main goods equivalent to KRW 9,235,600 from the victim company around January 20, 2015, and by deceiving the victim company in the same way from around May 21 of the same year to around May 21 of the same year, and obtained the delivery of the main goods equivalent to KRW 153,94,340 in total over 17 times as indicated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to I by the police;

1. An electronic tax invoice and a statement of transactions;

1. A detailed statement of seizure by E enterprise;

1. Investigation report (the third creditors and telephone conversations) (the defendant did not have the intention to commit the crime of deception;

The argument is asserted.

The obligor’s debt of the Company B, the obligor’s attachment decision of the Company B’s claim, and the obligor’s supply of the same.

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