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(영문) 인천지방법원 2017.09.21 2017고단3238
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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 had been notified of the suspension of ordinary transactions on January 2015 as he received timber from the victim U.S. U.S. U.S. U.S. U.S. U.S. U.S. U.S. (C) from a person who actually operated the business.

On September 1, 2015, the Defendant, through E, an employee of the victim company, in the office of the Party C located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and through E, the Defendant agreed to receive timber again from the victim company by saying, “on the face of the main place of sale, the Defendant would resume the suspended transaction and supply the discontinued timber for packaging for export and import as specified in the note of origin, and would make payment without delay on the settlement date indicated in the note of origin.”

However, the Defendant, at the time, had been liable for KRW 400 million, due to business depression, etc., and the circumstances of operation of C were difficult, and the Defendant was not paid from time to time to time, other than the victim company, for the payment of wages of its employees, etc., and even if such financial standing is not adequate, even if the Defendant, from June of the same year, borrowed money from another person to the new construction of a "G Co., Ltd." factory that is a separate company from the other person and received the supply price from the customer, he did not have the intent or ability to pay the money normally on the date of settlement, even if he received the supply of timber from the victim company, even if he did not receive the supply of wood from the victim company.

Nevertheless, the Defendant deceiving the victim company as such, and was supplied by the victim company with packing materials equivalent to KRW 79,979,842, as shown in the separate crime list from September 11, 2015 to October 26 of the same year.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement of origin and transaction;

1. Investigation reports (I testimony of a witness), investigation reports (referring to witness E.

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