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(영문) 부산지방법원 2015.06.11 2015고단1938
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant was a person who operated C Co., Ltd., a corporation manufacturing and installing machinery in Kim Sea-si B.

On February 2, 2014, at the above C Office, the Defendant stated that “The nominal representative is F, but it is the actual president of the Republic of Korea, and if you deliver V, the settlement of the price will be made on the 30th day of the following month after the supply of the goods.”

However, in fact, at the time, the above C's loan obligation amounted to 1.8 billion won, and even if the debt amount such as the price of goods, the wages of officers and employees, and retirement allowances, which was not settled in the external company and the parts buyer, reaches 1.5 billion won, there was no intention or ability to settle the V amount at the time.

As above, the Defendant belonged to the victim, and from March 31, 2014 to the same year from the victim.

8. Until August, 2000, the amount equivalent to 25,304,826 won was received by means of delivery.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Article 347 (1) of the Criminal Act applicable to the crime (Selection of a fine in consideration of the fact that there is no same type of power or that there is an agreement with the victim);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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