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(영문) 창원지방법원 2016.12.09 2016고단3217
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who engages in steel distribution business in the name of Kimhae-si, Kimhae-si, and the victim E is a company that engages in steel products sales business in the F in the Silung-si.

1. Around November 2, 2011, the Defendant: (a) had a debt of KRW 120 million; (b) had been supplied with steel materials from the victim; (c) had been thought to be used for personal purposes, such as living expenses; and (d) had no intent or ability to pay the purchase price; (c) ordered the steel materials to receive KRW 176 of each steel amount of KRW 4,016,01 from November 2, 201 to December 30, 201; and (d) had been supplied with KRW 176 of the market price of KRW 269,306,514 from the victim by means of the above method, such as the attached list 1, a total sum of 73 times from the victim to December 30, 2011.

2. From January 3, 2012 to February 3, 2012, the Defendant: (a) received demand from the victim to pay the steel materials as stated in paragraph (1) on or around January 3, 2012; (b) deposited KRW 5 million in cash from the Defendant’s business partner deposit account to the Defendant’s other account; and (c) stored the Defendant’s residence with H apartment 103 Dong Dong 203, Dong 203, and concealed the amount of KRW 73,90,000 in total on 17 occasions from January 3, 2012 to February 3, 2012, as shown in Appendix 2.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement of the police officer to I;

1. Determination as to the Defendant and his/her defense counsel’s assertion on the financial reply, accusation, investigation report (report on the details of cash withdrawal)

1. The main point of the claim is the steel distribution business from steel products with a lower amount of 40 to 50% below the market value at the beginning of the year, the end of the year, or the end of the year, and the Defendant only withdrawn cash, such as the attached list 2, in order to purchase the product in advance.

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