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(영문) 제주지방법원 2018.10.16 2017고단3368
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On June 28, 2016, the Defendant would sell to another business entity and pay the price to the victim in E management of the victim D, which is located in Tong Young-gu, around June 28, 2016.

“The phrase “ was false.”

However, the defendant did not have the intention or ability to pay the long-term loan even if he received the long-term loan from the injured party, because the defendant was under the situation preventing the so-called return of the purchase price of another species that is to be paid rapidly with the sales price of the long-term loan because other species trading companies at the time did not properly collect the credit payment from other trading companies.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) received the delivery of KRW 20,060,000 at the market price of KRW 20,060 from the victim; (c) from August 25, 2016, the Defendant was issued six times in total as shown in the list of crimes in the attached Table from August 25, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, G, D, and H;

1. A report on investigation (in case of a witness I and telephone calls), and a report on investigation (in case of a witness F and telephone calls);

1. An investigation report (Attachment to each place of transaction), a transaction report by period (the defendant and his defense counsel thought that the defendant would pay the long-term amount by the credit amount to be received from the customer at the time of receiving each contract from the victims, so that he had the intent and ability to pay the long-term amount to the victims.

The argument is asserted.

However, in full view of the circumstances of the Defendant’s business at the time of the instant case, which can be seen by the evidence revealed by the ruling, such as the overall credit standing of the Defendant, and the use of the Defendant’s funds received and disposed of as above to immediately repay other obligations, and the circumstances of the instant case, such as the Defendant’s behavior, etc., after being supplied by the victims, dolusence at the time of the Defendant’s supply.

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