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(영문) 대전지방법원 서산지원 2015.09.25 2013고단372 (1)
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, from around December 2010, is a person who had been in office as an auditor of the F&D company of Aluminium E in Chungcheongnam-gun, Chungcheongnam-gun, and actually operated the said company.

The FF Co., Ltd., on August 201, 201, aggravated its financial condition due to the aggravation of its liabilities for loans of KRW 5 billion to KRW 2 billion, etc. (F Co., Ltd., on August 9, 2011), and the failure to pay for the Company’s failure to pay for the Company (F Co., Ltd., on August 9, 201), was not able to secure funds to manufacture Alumin cable even for the quantity already contracted to be supplied to the Korea Electric Co., Ltd.

For the purpose of separate transaction around April 201, the Defendant, as if he were to pay the price claim for the quantity (this price claim is a claim that is to be actually supplied, but is a claim that is to be realized) to H Co., Ltd., which was transferred on April 22, 201 to H Co., Ltd., a supplier of Aluminium electric wires, the representative of which is the victim G, as the Defendant paid the price claim for the quantity (the price claim is a claim that is to be actually supplied with Aluminium electric wires) to the Korea Electric Power Corporation.

Therefore, the Defendant did not have the ability to pay the price even if he was supplied with the materials of Aluminium electric wires from the victim around that time, and there was no intention to have the victim receive the price by exercising the above claim against the Korea Electric Power Corporation, by manufacturing Aluminium electric wires with the supplied materials.

Nevertheless, on August 3, 2011, the Defendant, through the head of I, who is an employee of the Korea Electric Power Corporation, manufactures a product that is subject to termination of the contract if the Defendant fails to supply the quantity to the Korea Electric Power Corporation by the due date for payment, and manufactures a product that is subject to the supply of 131 tons of Aluminium electric wires located in the Korea Electric Power Corporation.

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