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(영문) 인천지방법원 2016.02.17 2015고단6978
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On November 25, 2014, the Defendant agreed to operate “D”, which is a living place distributor (animally closed bank), to supply KRW 4,000 km per day to F Co., Ltd., and advance payment KRW 200 million per day to F Co., Ltd., through F Co., Ltd., F Co., Ltd.’s Executive Director G, “The Defendant agreed to supply KRW 100 million per year to F Co., Ltd., with KRW 350 kg per day, excluding Saturdays and Sundays.”

However, during the process of running the distribution business between the victims, the Defendant had not been able to properly supply the birth place even after receiving advance payment of KRW 400 million and KRW 300 million from H. In addition, the Defendant had been able to pay individual liability of KRW 230 million, while there was no particular property. Therefore, even if having received advance payment from the victims, there was no ability or intent to supply the birth place properly in accordance with the above agreement.

Nevertheless, the Defendant deceivings the damaged company through the above G, and that deceivings the victimized company, from November 26, 2014 to the Defendant’s account under the name of the Defendant’s wife J on November 26, 2014, by receiving KRW 100 million, and KRW 200 million from December 23, 2014 to the above account.

Summary of Evidence

1. Legal statement of witness G;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. According to the evidence of the judgment, the defendant is found to have dolusent intention in fraud.

At the time, the payment payment of the damage company was partially delayed, but it was likely to hinder the normal supply of land in consideration of the delayed amount or the number of delayed days.

Therefore, the defendant's assertion is not accepted even if it is difficult to view it as an inevitable reason that the defendant could not have anticipated since circumstances such as reduction of quantity due to life saving, etc. can normally be predicted.

1. Criminal facts;

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