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(영문) 서울남부지방법원 2013.07.10 2013고단343
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2013, the Defendant was sentenced to the Seoul Southern District Court for 8 months of imprisonment for fraud and 2 years of suspended execution, which became final and conclusive on February 6, 2013.

The Defendant is a person operating company D (hereinafter referred to as “D”) that wholesale retails Nowon-gu, Seoul, and the victim E is a wholesale company that supplies all computers and peripheral devices on the second floor of the Seoul, Gangnam-gu, Seoul.

The Defendant stated that, around March 30, 2012, the second floor of the F building above, the victim company supplied the representative director G of the victim company “to pay the price of goods 30 days or 60 days after the date of credit management on the face of the week by supplying goods under the conditions of advance payment.”

However, in fact, D had sold the products from the victim and used them to repay its obligations to other general companies. From around 2008, D had been accumulated, it had no intention or ability to reduce the amount of the debt amounting to approximately KRW 800 million in the temporary border (225,361,946, KRW 100,000, KRW 1000,000, KRW 200,000,000, KRW 160,000,000,000).

Nevertheless, as shown in the list of crimes in the annexed sheet, the Defendant was supplied by the victim with the goods from the above date and time to May 18, 2012, which amount to about 278,861,800 won in total, and received goods from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. The respective legal statements of G and K;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. Recording records;

1. Previous convictions: Application of Acts and subordinate statutes to be submitted;

1. Article 347 (1) of the Criminal Act applicable to the crimes. Article 347 (1) of the Criminal Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. According to each of the above evidence of conviction under Article 62(1) of the Criminal Act, the defendant is above.

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