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(영문) 인천지방법원 부천지원 2018.08.09 2017고단2840
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Of the facts charged in the instant case, each of the victims B and C is against the victim.

Reasons

Punishment of the crime

(Fraud against Victim D Co., Ltd. in 2017 order 2840) The Defendant was a person who operated F in Kimpo-si E from February 1, 201 to September 2016, 2016.

From February 25, 2014, the Defendant, who visited F around July 21, 2016, on condition that credit transactions of KRW 200 million (credit transactions) with the victim D Co., Ltd. were conducted on or around February 25, 2014, concluded that “The Defendant would pay KRW 80 million each month from August 2016 to the head of the team belonging to the victim Co., Ltd., who visited F, on or around July 21, 2016.”

However, at the time, the Defendant did not have any intent or ability to pay the unpaid price to the above victim company at KRW 200 million, and even if the above victim company received raw materials from the above victim company, it did not have any intention or ability to pay the unpaid price, even if the financial situation of the F office's electricity exceeds the above F office's amount to KRW 2.6 billion due to the accumulation of the unpaid price of raw materials to the above 30 enterprises.

Nevertheless, the Defendant: (a) by deceiving G as above and deceiving it, received raw materials equivalent to KRW 19.8 million from the said victim’s company around July 21, 2016; and (b) obtained the supply of raw materials equivalent to KRW 120,219,00 in total nine times from the above day to September 21, 2016, such as the previous list of crimes (1) from around the above day to September 21, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I, G, and J;

1. Complaint;

1. (State) D Sales Director, (State) D Electronic Tax Account Statement;

1. (States) Certified copy of D registry, F business registration certificate;

1. A gold list and a ledger for the management of production facilities;

1. List of creditors of the person against whom the petition for bankruptcy was filed [the defendant and his defense counsel are recorded in the facts charged to G of the victim corporation D's employees.

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