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(영문) 서울동부지방법원 2016.11.02 2016고단2567
사기
Text

A defendant shall be punished by imprisonment for 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 a person who was engaged in the manufacturing business of pharmaceutical chemical machinery from June 2008 to January 201, 201, with the trade name of “D” in C 109 at Time of Si interesting.

1. From June 2008, the Defendant: (a) from around June 2008, the Defendant: (b) requested the victim FF operating the “E” to perform a clinical process; and (c) had been engaged in the transaction of receiving products such as

Around January 2010, the defendant requested the victim to reflect the pre-processing as if he would normally pay the pre-processing cost to the victim.

However, it was difficult to obtain additional loans from the bank at the end of 2009 after the above company's management has gradually deteriorated, and it was difficult to obtain the above company's loan from the bank at the end of the end of 2009. In 2010, the loan company, including the loan company, did not pay approximately KRW 100,000,000,000,000,000,000,000,000 won, which was loaned from the financial right, including the loan company, and there is no need to continuously increase the debt due to the economic degradation, so even if the victim requested the processing of the product, there was no intention or ability to pay the normal processing cost.

Despite this, the Defendant: (a) by deceiving the victim as above, received from the victim the reverse processed goods of an amount equivalent to KRW 686,400 from the victim on January 30, 2010; (b) from that time, the Defendant obtained financial benefits equivalent to the same amount as the Defendant did not receive the total amount of KRW 18,552,60,00 from January 31, 201, as shown in the separate crime list (1) by no later than January 31, 201, even if he received the goods of an amount equivalent to KRW 18,552,60,00 from the victim.

2. Around August 2010, the Defendant made a false statement to the person in charge of the victim G Co., Ltd., a first transaction at the above “D” office, stating that the Defendant would pay the transport fare for the cargo in cash by the end of the following month.

However, the management difficulties of the above company have been serious as described in Paragraph 1, and it has been delivered from Korean mechanical corporation, which is a trader, around May 2010.

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