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(영문) 부산지방법원 서부지원 2021.02.09 2020고단2294
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a person who engages in trade business, etc. in the name of “C” in Busan, Seo-gu B commercial building, and the victim D is a person who engages in the development and sale of mineral products in the trade name of “G Co., Ltd.” in the building F of Busan, Daegu EM.

On February 26, 2020, at a place where a place is unknown, the Defendant made a false statement to the victim that “C would provide brokerage of sales of steel in good faith to another business entity that is traded by C because of a large amount of outstanding amounts in C, and would receive KRW 10,000 per ton, and the payment would be issued and paid tax invoice directly from G to the other business entity,” and the victim consented thereto, and “H would supply KRW 28.250 tons of pre-paid iron amounting to KRW 1678,50,000 to H, and would have it paid directly to H.”

However, the Defendant, however, talked to the person in charge with whom H’s name is not known, as if he supplied the pre-paid iron by G, and was planned to issue tax invoices to H in the name of C and directly receive and use the proceeds.

The Defendant had the victim supply the 28.250 tons of the vessel iron to H at the above temporary border, and the 27.640 tons of the vessel iron 27.27 February 27, 2020, and received KRW 3,3190,660 from H around March 2, 202.

In addition, the Defendant, from the above day to March 24, 2020, by deceiving the victim and the person in charge of H as described in the attached list of crimes, and received a total of KRW 13,2640,000 from H four times in total, as stated in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The application of Acts and subordinate statutes on the confirmation of the details of transactions by the police on March 2020 with respect to the defendant's legal statement D, the details of transactions by the defendant on March 2020, the customer director (H vice president and telephone conversations-payment, etc.), the investigation report (H data submission, etc.) (102 pages of evidence evidence), the customer director (103 pages of evidence), the electronic tax invoice (103 pages of evidence), the measurement certificate, and the deposit confirmation certificate;

1. Criminal facts;

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