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(영문) 대전지방법원 서산지원 2018.02.21 2017고단885
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 8, 2015, the Defendant concluded a goods supply contract with the representative director F of the victim E company at the D office located in Jin-si, Jin-si, the Defendant concluded a goods supply contract with the above victim E company that takes an amount of KRW 410,626,524 of the market price from the above victim E company to the H-BAM (H-BAM), and concluded a false statement with the above F to the effect that “the Defendant would create and take the right to collateral security on the D factory site” or “the steel structure that processed the H-BEM (H-BEM) is supplied to the trading company, such as G, and paid the price for the goods (H-BAM) by August 10, 2015.”

However, as there was no property owned by the Defendant, the Defendant could not set up the right to collateral security against the victim, and the Defendant was also liable for the amount of KRW 150 million to the previous transaction entity that did not pay the said D employees for about two months. As such, even if receiving the payment from the transaction entity, such as G, etc. for the supply of goods, the intent was merely to use the amount as the employee’s benefits or debt repayment and the company’s operating funds, and there was no intention or ability to pay the amount to the victim.

Nevertheless, the Defendant, as seen above, obtained the provision of sn beam (H-BAM) equivalent to KRW 410,626,524 in total seven times from the date of August 3, 2015, including the supply of sn beam beam (H-BAM) equivalent to KRW 17,930,968 from the injured party on July 8, 2015 from the victim, and acquired the sn beam beam (H-BAM) equivalent to KRW 410,626,524 in total from August 3, 2015.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, H and I;

1. Part of each police statement made against the defendant or J

1. A contract for supply of goods, electronic tax invoice, copy of contract, copy of bond transfer contract, copy of electronic bill transfer contract, copy of data related to electronic bill, copy of the statement of use of gold, copy of the daily sheet of success, and passbook.

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