(영문) 인천지방법원 2015.04.30 2014고단5208

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(영문) 인천지방법원 2015.04.30 2014고단5208

사기

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A defendant shall be punished by imprisonment for a period of five months.

Reasons

Punishment of the crime

From March 3, 2008, the Defendant is a person who operated D’s furniture processing company from Guro-gu Seoul Metropolitan Government.

The Defendant began to accept and operate the foregoing D around March 3, 2008, but at the time, there was no economic situation to the extent that the rent of the above D building and the rent for electricity was not paid, so the Defendant was not capable of operating the said D business normally.

1. Nevertheless, on March 3, 2008, the Defendant: (a) at the G office operated by the victim FF located in Dong-gu Incheon Metropolitan City, Dong-gu, Incheon; and (b) even if the Defendant did not have the intent or ability to pay the price even after being supplied with the goods from the victim, the Defendant paid the price to the victim for the MDF joint, which is a material for the manufacture of households equivalent to KRW 3,366,000 at the market price; and (c) caused the victim to supply the said joint board to the Si forest located in Nam-dong, Nam-gu, Incheon Metropolitan City at the temporary time and time, and acquired pecuniary benefits equivalent to the above amount. (d) around May 28, 2008, the Defendant paid KRW 30 million to the victim without the intent or ability to pay the price in full even if he borrowed money from the victim; and (e) paid KRW 70 million to the victim by June 27, 2008.

‘Falsely speaking, it received 30 million won from the victim's account in the name of the defendant's wife to 30 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement by the prosecution against the defendant (around March 2008, at the time of the establishment of D around the amount of KRW 650 million, and the statement that the rent, electricity, etc. incurred after the establishment of D was not settled, and that the amount of the transaction partner was not properly collected from April 2008)

1. The defendant's testimony at the court of J did not lend money to the defendant's factory because he did not pay 37 million won.

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