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(영문) 창원지방법원 2018.04.25 2016고단3136 (1)
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

On January 9, 2014, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Busan District Court, and on February 26, 2014, completed the execution of the sentence at the Busan Detention House.

Although the Defendant decided to purchase the D site for the operation B from B at the close time, the Defendant did not pay the down payment after having experienced difficulties in raising the funds.

Accordingly, the defendant discussed the method of paying the down payment with B around August 2014, and prepared the cash by selling it at a low price after receiving a steel supply from the victim E.

To do so, the above steel bars should be issued to the customer who will sell at a low price the pertinent tax account statement equivalent to the pertinent supply value. He/she does not have the registration of the business operator, and he/she proposed that the F he/she operated is a supplier and issued tax account statement." The B accepted it and conspired to acquire it through supply from the injured party.

Accordingly, the Defendant, in the middle of August 2014, supplied the victim E with the 170,190t of iron to be used as the floor construction of the I factory, from the “H Certified Judicial Scriveners Office” located in G in G in G in G in G in G in G in G in G in G in G in G in Kimhae-si. By October 25, 2014, the Defendant is responsible for the supply price of KRW 18 million and settled the payment.

“The meaning of “.......”

However, in fact, the Defendant attempted to encash the said iron bars at a low price by selling them to the other transaction parties at a low price, and there was no intention to use the said iron bars for the purpose of floor construction, etc., and even if the said steel bars were supplied from the injured party, there was no intention or ability to pay the said gold bars until the date of the promise.

In doing so, around August 27, 2014, the Defendant received 170,190 tons of steel from the injured party at the end of the aforementioned false statement in the above D around August 27, 2014, and commercialized it by selling the entire part of the said steel bars to the transaction parties, such as J around August 28, 2014 at a price below 10% compared to the market price, for about 9,9 million won.

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