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(영문) 인천지방법원 부천지원 2019.10.18 2019고단1927
사기
Text

A defendant shall be punished by imprisonment for one year.

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 the representative director of the steel wholesale retail sales chain C (ju) located in the Jeju Jeju Jeju Gotju, Kimpo-si.

On May 1, 2018, the Defendant stated in the above C Office that “The Defendant would pay the price without molding by the end of the following month if the Defendant supplied steel products in D,” to the head of the business office of the victim D (the State), who is a manufacturer of steel and steel products, “I will pay the price without molding by the end of the following month. I will personally and severally guarantee the payment of the price.”

However, in fact, the above C (State) was not paid steel prices supplied to various trading enterprises from February 2017, and even if it was supplied by the victim with steel products from around the middle year, it had no intention or ability to pay steel prices within the period agreed upon by the victim even if it was supplied with the steel products from the victim on May 2018 due to economic difficulties, such as payment of interest equivalent to KRW 30 million per month, even though the amount of debts exceeds KRW 4.366 billion in the amount of debts in around 2018, even though the amount of debts exceeded KRW 1.4.36 billion in the amount of debts in the amount of KRW 4.639 billion in the amount of debts in around 2018.

Nevertheless, on May 9, 2018, the Defendant was supplied with steel products equivalent to KRW 41,911,584 at a market price from the victim, and was supplied with steel products equivalent to KRW 256,987,29 at a total of ten times from that date until July 5, 2018 as stated in the attached list of crimes. However, the Defendant did not pay KRW 198,171,690 out of the steel price.

Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 198,171,690.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of filing of a complaint, documents to be submitted, details of financial transactions, application for commencement of rehabilitation procedures, and statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The sentencing of Article 62(1) of the Criminal Act is all reasonable.

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