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(영문) 대전지방법원 2014.05.21 2013고단4675
사기
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant was engaged in steel product wholesale and retail business with the trade name of “D” on the fourth floor of Seo-gu Daejeon Building.

Around September 2007, the Defendant had no other property or income in the circumstances where the Defendant was unable to receive the steel goods supplied from the said company due to the aggravation of the financial standing of the (State) E, which is the major seller of the Defendant, and on the other hand, had a liability of approximately KRW 970 million with financial institutions, etc. while he was supplied with steel goods from F, etc., and even if he was supplied with steel goods from F, etc., he had no intention or ability to pay the steel goods properly, even if he was supplied with steel goods from F, etc. at a lower price than their purchase price.

1. On September 12, 2007, the Defendant made a false statement to the effect that “the Defendant would pay the price by the end of the following month of supplying steel products” by phone call from the victim G who operated F (M) and then received from the victim a steel plate equivalent to KRW 18,344,810 on the same day from November 6, 2007, from that time, the Defendant deceiving the victim by the same method twice in total as shown in the list of crimes in the attached Form No. 207, and acquired it by deceiving the victim from the victim by means of the same method, including by November 6, 2007, the Defendant received the iron plate equivalent to KRW 41,738,565 from the victim.

2. On October 4, 2007, the Defendant: (a) made a false statement to the effect that “the Defendant would pay the price by the end of the following month on the face of the supply of steel materials” by phone call to the victim I operating the (ju) H at the same place; and (b) received steel plates equivalent to KRW 73,846,784 on the same day from the victim; and (c) acquired it by defrauded.

3. On October 4, 2007, the Defendant made a false call to the victim K who operates J at the same place and received steel plates equivalent to KRW 107,526,855 won at the market price around the 8th of the same month from the victim and acquired them by deception.

4. The Defendant is the same as around October 9, 2007.

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