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(영문) 전주지방법원 2017.05.18 2016고단564
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the actual owner (the business owner E) of the D Company, which is the refined land company in Jeonju-si C in Jeonju-si.

On August 23, 2015, the Defendant: (a) on August 23, 2015, the victim F (representative G) business in the said D Company “The present D Company is also a big point of 80 to 90 square meters; (b) is scheduled to open a business more than three places, such as electric poles and Iksan; (c) is also given a security or cash after three (3) days; and (d) is given a fine for negligence before receiving the goods.

The phrase “,” and “the Plaintiff was supplied with 10 Dus and 10 ambs equivalent to KRW 5,027,910 on August 25, 2015 from the injured party, and the Plaintiff was supplied with 10 ambs and ambs equivalent to KRW 85,140,302 on a total of 47 occasions from around that time to September 7, 2015, as shown in the List of Offenses.

However, the Defendant, other than the victim company prior to the above day and around 200 million won (in addition to the victim company prior to the above day, approximately KRW 20 million of credit debt to J (State), approximately KRW 60 million of credit debt to K (State), and approximately KRW 280 million of credit debt to K (State), and approximately KRW 100 million of credit debt incurred around 200,000 of credit debt amount. The Defendant did not have any intent or ability to pay the price of supply even if he received the above land and refined land from the injured party, even if he received the above land from the injured party.

Accordingly, the Defendant, by deceiving the victim as above, received the delivery of 85,140,302 won and static land from the injured party.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Each police statement made against L/M;

1. The investigation report (the currency with the representative of JJ N), the investigation report (the currency with the representative of KK), the investigation report (the currency with the representative of I meat processing), and the investigation report (the confirmation of the authenticity of the suspect's statement);

1. Application of Acts and subordinate statutes concerning the original copy of the Customer Director, a copy of the statement of individual transactions, a payment performance letter, and the original copy of a contract for the supply of money to the Bank of Bankruptcy, and a notice of assignment of claims;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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