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(영문) 대구지방법원 포항지원 2015.10.08 2015고단411
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant operates the scrap iron shop with the trade name of Co., Ltd. in Seocho-si.

around May 19, 2014, the Defendant received KRW 50 million from D Operators E in the name of the price for stetrace scrap (refr).

In addition, around May 26, 2014, the Defendant made E enter into a contract with F operator G, a stock company, to be supplied with scrap scrap arising from the factory F, and paid KRW 100 million to E, and he/she provided joint and several suretys on the condition that he/she is supplied with scrap scrap in the factory.

However, the Defendant failed to supply the arche scrap, which was promised to be supplied to E, and the Defendant demanded the return of the funds from F to F, which would not be supplied as scheduled.

Therefore, the Defendant did not have any intent or ability to supply 100 tons of the ice scrap 100 tons each month, and even if having received the money as advance payment for the purchase of the ice scrap, the Defendant was planned to use it as its own debt repayment fund and C’s operating fund. However, on June 19, 2014, at the victim I corporation office located in Nam-gu, Nam-gu, Nam-gu, the Defendant supplied the representative director with the 100 tons each month for the ice scrap from the next month, and the 100 million won for the goods to be supplied with the advance payment on the scrap because of the characteristics of the transaction in Jeju-do, the Defendant received the advance payment from the J on June 24, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to J police officers;

1. A copy of a cash storage certificate, a remittance certificate, or a transaction contract (F);

1.Each.

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