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(영문) 수원지방법원 안산지원 2016.06.23 2016고단1762
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is the representative director of the corporation B, and is a space between the victim C and the victim.

On January 2015, the Defendant manufactured machinery parts according to the drawing and supplied them to the victim on the basis of the issue date of the tax invoice, and paid the price later than two months after the issuance date of the tax invoice.

“A false representation was made.”

In fact, the Defendant: (a) around 2014, in its management state, up to KRW 1,970,563,462 of the short-term net loss in Company B; (b) did not pay the amount of wages to 60 employees at that time; (c) was liable for a loan amounting to KRW 80-9 billion; and (d) was required to pay interest on loans equivalent to KRW 60 million every month; and (e) the machinery provided as security by a foreign exchange bank at the time of receiving a loan equivalent to KRW 2.9 billion from the foreign exchange bank was in a state where the financial failure was reached to the extent that it would be transferred to another company; (b) thus, even if the machinery was supplied by the damaged person, there was no intent or ability to pay the said amount later than two months.

Nevertheless, the Defendant, as if he were to pay the amount to the victim, by deceiving the victim, and was supplied with the machinery parts equivalent to KRW 3.52 million around January 2015, and the machinery parts equivalent to KRW 8.64 million around February 2015.

Accordingly, the defendant acquired a total of 1,2160,00 won machinery parts from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account all the circumstances, including the fact that the defendant has led to the instant crime, the fact that the defendant has no criminal record, and the prosecution's sentence (3 million won);

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