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(영문) 광주지방법원 2017.06.09 2017고단291 (1)
사기
Text

The punishment of the accused shall be determined by two years of imprisonment.

Reasons

Punishment of the crime

From 201 to February 201, the Defendant is a person who operated C (hereinafter referred to as “C”) a company engaged in the Changho Construction and Execution Business from 2001 to 2016.

On November 2, 2015, the Defendant, at the C office located in Gwangju Mine-gu, supplied favorable products to the operator F of the victim E-stock company, paid the face value as a bill of exchange, and paid the face value as a bill at the due date of bills.

It was discussed.

However, since around 2009, C had accumulated the accumulated amount each year, and since financial situation such as lending cash after issuing a bill to meet the company operating expenses, interest expenses, etc., or providing operating expenses, etc. using a financing bill has been very poor, C had no ability or intent to pay the price normally even if it receives goods from the injured party.

As seen above, the Defendant supplied the Victim E Co., Ltd. with goods equivalent to KRW 74 million from around that time to December 1, 2015, as indicated below, with goods equivalent to KRW 564,412,723 in total from around November 2015 to February 2016, and received goods equivalent to KRW 564,412,723 in total from around 2015 to around 2016, and had the Victim G Co., Ltd. carry out a Daegu H apartment shower construction and a I apartment shower construction, and acquired property benefits equivalent to KRW 122,254,00 in total, as described in No. 4 of the Crimes List No. 4.

The summary of evidence of KRW 374,104,695 won from November 2, 2015 to December 11, 2015, E Co., Ltd. 116,308,028 won from November 10, 2015 to December 11, 2015, and KRW 74,000,000 from November 13, 2015 to February 11, 2015, Co., Ltd. 374, Ltd. from November 13, 2015 to February 26, 2016, and KRW 474,104,695 won and KRW 495 on Nov. 20, 2015 to February 25, 2016.

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect against the defendant by a certain prosecutor (a letter of examination of the defendant, 375 pages, 462 pages, 2 pages, 143 pages);

1. The police against L/M.

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