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(영문) 서울남부지방법원 2014.06.11 2013고단2907
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

around September 2012, the Defendant stated that “Around September 2013, the Defendant entered into a contract to supply goods of KRW 74 million from the Dong-dong Co., Ltd., a building equipment company, and received 30% down payment from Dong-dong Co., Ltd.” (hereinafter “F Co., Ltd.”) at the victim E Co., Ltd., Ltd. (hereinafter “F Co., Ltd.”) located in Pyeongtaek-si D, which was operated by the Defendant, as the representative of the above E Co., Ltd., the company director of the Plaintiff, and the company director of the Plaintiff, as the representative of the Plaintiff Co., Ltd., Ltd. (hereinafter “F Co., Ltd.”), and received 30% down payment from Dong-si.”

However, at the time, the defendant was in a situation where the total amount of the loan of the plaintiff and the defendant's individual is KRW 1.1 billion, and the loan of the bank was not repaid properly. The defendant did not intend to pay the price of the goods in time even if he received from another company supplied by the other company and supplied it to the above-mentioned, because the plaintiff did not timely pay the price of the goods to the other company of the dispute resolution committee, and he received the goods to the above-mentioned company and delivered it to the above-mentioned company, and received the price and received it to be appropriated for the defendant's debt repayment, etc., so there was no intention to pay the price of the goods.

As above, the Defendant, by deceiving the victim as above, obtained from the victim the 68,99,040 won of steel pipes, which are equivalent to KRW 206,819,635 won of the same month, around October 31 of the same year, and obtained a total of KRW 426,972,975 won of steel pipes, around November 30 of the same year.

around September 5, 2012, the Defendant stated that “Around September 5, 2012, the Defendant would pay the price by the end of October 2012, 2012 without a mold to the staffJ of the victim U.S. Government, a steel manufacturing company, at the (ju)G office operated by the Defendant of Gangseo-gu Seoul Metropolitan Government I 2nd floor, by posting a telephone to the staffJ of the victim U.S. Government, a steel manufacturing company.”

However, the defendant was at the time.

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