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(영문) 대전지방법원 천안지원 2017.12.15 2017고단1738
사기
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A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant had filed an application for corporate rehabilitation around December 2014, on the ground that the right to collateral security was set up on the factory site of Ansan-si, the amount of unpaid payment reaches KRW 1.4 billion and the amount of unpaid payment exceeds KRW 700 million, and the amount of unpaid payment is much higher than KRW 2.8 billion.

The Defendant continued the meat processing and distribution business with the trade name of the business entity, such as “G”, “H”, and “E,” using the name of “F” without using the main name.

The Defendant, at around 14:00 on November 21, 2016, in relation to “G” in which the Defendant actually operated the Defendant, at the Daegu Northern-gu, Daegu Northern-gu, 410, and 411, called “K” from “G,” the Defendant called “K” at the Jan-si factory, to the victim who operates the public enterprise, and called “B”.

The payment shall be settled ten days after the delivery of the crypus.

The phrase “ makes a false statement.”

However, in fact, the Defendant had a personal debt of approximately KRW 400 million and a debt of approximately KRW 400 million related to the above “E”, and even if the Defendant was supplied with the goods from the injured party, it was merely intended to sell them and used them to repay the existing debt, and did not have an intention or ability to pay the price of the goods on the date of promise.

As such, the Defendant, as well as the Defendant, by deceiving the victim and being supplied with 5,502,223 won at the market price on the same day from the victim, was issued with 45 times in total from November 21, 2016 to June 30, 2017 by the victims operating the livestock product processing company in the same manner as above, from November 21, 2016 to June 30, 2017.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Partial statement of the witness M;

1. Each police report on L, N,O, P, Q, R, S, and T;

1. A copy of a book, a certified copy of corporate register, a certificate of seal imprint, a business registration certificate, or electronic account;

1.Each.

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