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(영문) 서울중앙지방법원 2019.05.02 2018고단8371
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court and two years of suspended execution, and the judgment became final and conclusive on May 20, 2013.

Criminal facts

Around November 28, 2011, the Defendant made a false statement to the representative director of the common meeting of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the Co., Ltd. of the

However, at the time of the fact, the LAC did not have an intention or ability to pay the normal price within the agreed period even if it was supplied by the injured company with the SAS raw materials, because it did not have any financial condition to the extent that it was faced with the crisis of the date of the bankruptcy, and thus, the LAC paid the debt to the other transaction parties by paying off the raw materials purchased on credit at a low price or sold the raw materials purchased on credit at a low price.

Nevertheless, the Defendant deceptioned the victimized company as above, and acquired the products equivalent to KRW 1,953,60 at the market price on November 28, 201, equivalent to KRW 12,876,120 at the market price on December 26, 201 of the same year, and KRW 26,780,655 at the market price on January 19, 2012, and acquired the products equivalent to KRW 41,610,375 at the total amount on three occasions, such as Stetrag Raw Materials and 304HL products.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement made by the prosecution with respect to F and D;

1. A complaint (including attached documents);

1. Business registration certificate, details of purchase and sale, account transaction details, and list of electronic tax invoices (purchase and sale);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment attached);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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