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(영문) 수원지방법원 2014.10.31 2014고단4084
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, who actually operated D Co., Ltd. (hereinafter “D”) (hereinafter “D”), was supplied by the G Co., Ltd. (hereinafter “damage Co., Ltd.”) of F management from 2009 and sold the products to the customer after being supplied with the “H” products, which are free lucting amount.

On February 7, 2013, at the D office located in Guro-gu Seoul Metropolitan Government I, the Defendant told F to the effect that “F will pay the price on the last day of the next month without a molding with the unpaid settlement amount on the face of a week where H products are additionally supplied.”

However, in fact, D was supplied with goods from the damaged company and sold them again to the damaged company, and was in the structure of paying the goods to the damaged company and other transaction parties such as the sales proceeds. Around 2012, D was in the situation where the sales proceeds received from the victimized company were faced with the financial difficulties in making investments in the separate business, and the damaged company was unable to pay the goods amounting to approximately KRW 500 million. Therefore, even if the sales proceeds are paid from the other transaction parties, it is not impossible to pay the above business investment expenses and the above KRW 500 million. The sales proceeds to be paid from other transaction parties such as the damaged company did not exist separately. Even if H products are supplied by the victimized company, D did not have any intent or ability to pay the goods at the date of payment.

The Defendant, by deceiving the damaged company as such, obtained the supply of H products equivalent to the total market value of KRW 229,228,120 from the victimized company and acquired it by deception.

In addition, the Defendant received the supply of H products worth KRW 382,464,801, total market price from the victimized company on a total of six occasions, such as the list of crimes in the attached Table, from the above date to May 24, 2013, and acquired it by deception.

Summary of Evidence

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