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(영문) 울산지방법원 2015.06.12 2014고단2267
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is C representative director of a corporation.

On July 24, 2013, the Defendant concluded a goods transaction agreement with the victim E office located in Ansan-si, Inc. stating that “F and the head of the division, the representative director of the victim E office, “I will not engage in any transaction any longer because there are many attempted amounts,” stating that “I will pay the price without a mold if I will supply steel products.”

However, in fact, C has accumulated the debt amount of 10 billion won, including 6 billion won of financial debt and 4 billion won of commercial transaction debt at the time, and its interest rate was 60 billion won per month, and the company's finance has deteriorated as it did not properly receive the money from the trader, and requested the company rehabilitation application to the attorney's office on December 17, 2013 after preparing the company rehabilitation application from the first police officer on December 17, 2013, and requested the Ulsan District Court to receive the application for commencement of rehabilitation on December 30, 2013, and on December 30, 2013, the Ulsan District Court did not have any intent or ability to pay the money even if the steel product was supplied by the victim.

Nevertheless, if the Defendant had supplied the steel products to F, who is an employee of the victim company, the Defendant had deceiving F as if he would settle the price, and was supplied from F the above F with the total amount of KRW 131,829,225 won at the market price of 200 tons of steel products on November 30, 199 and KRW 280,737,842 won on December 27, 200.

Accordingly, the Defendant acquired the total of 280,737,842 won from the victim of steel products.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Protocol of examination of the witness H as to the witness;

1. A trade agreement, a joint and several guarantee, an electronic tax invoice, and a confirmation of existence of obligations;

1. Application of the C Director General, the documents concerning the rehabilitation decision, and the statutes of the C Service for proving the commencement of rehabilitation procedures;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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