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(영문) 수원지방법원 안산지원 2015.05.08 2014고단2785
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On November 30, 2007, the Defendant, at the E office operated by the victim D in Guro-gu Seoul Metropolitan Government, concluded that “The Defendant would have retired from office while operating the Guro-gu manufacturing company. The Defendant received the quantity from the existing customer, and delivered the processed products to the customer, and then paid the processed products every time they reach the price from the customer.”

However, in fact, the Defendant was a person with bad credit standing who does not have any property or income at the time, and was urged by creditors to pay the debt amount of KRW 70 million, and even if he was paid from the customer, he did not have the intent or ability to pay the contractual processing expenses agreed upon by the victim because he was aware that only part of the contractual processing expenses was paid to the victim and the remainder was used in preference to his repayment of debt and living expenses.

Ultimately, at that time, the Defendant: (a) caused the victim to perform the processing of 1,628,00 won, which the Defendant received from the customer; and (b) supplied the processed products to the customer; and (c) did not pay the processed products to the customer; and (b) obtained the pecuniary benefit equivalent to the amount of the said money, by allowing the victim to pay the processed products to the customer.

In addition, from that to August 31, 2012, the Defendant had the victim process a total of KRW 149,277,500 throughout 167 times in the same manner as indicated in the attached list of crimes, thereby having the victim acquire economic benefits equivalent to that amount.

Summary of Evidence

Each prosecutor's protocol of examination of the accused

1. Statement of D police statement;

1. A complaint;

1. Cash storage certificates, details of transactions, copies of transaction data, details of requests for processing, and copies of each tax invoice;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act’s reasons for sentencing.

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