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(영문) 의정부지방법원 2014.10.23 2013고합315
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

"2013 High 315" Defendant is the operator of the original processing company D company located in 302 of the building in Gu Government-si, and the victim E Co., Ltd. (hereinafter referred to as "victim Co., Ltd.") is the original business in Guro-gu Seoul Metropolitan Government.

On April 12, 2012, the Defendant: (a) supplied 340 km from the victim company to make the original set of the original set of KRW 19 million in order to supply the original set to G; (b) subsequently, G cancelled the original set of KRW 14 million and disposed of the original set of KRW 14 million from the victim company to H; (c) at the same time, the said D company and the Defendant did not have any other way to pay KRW 5 million in the original set of KRW 5 million, which is insufficient to provide the victim company with no other profit or property.

Therefore, the Defendant supplied originals from the victim company as if it is necessary to produce the originals to deliver the finish to other places, and sentenced the originals to sell them to the original distributors, etc. without delay, by selling them to salt at the original distributors.

On April 19, 2012, the Defendant called “I who is the representative of the victim company” at the above D Company office, and called “I will create and supply the original unit to B while receiving an order to supply the original unit, and receive the price of supply.”

However, the Defendant did not receive the original order. However, even after being supplied with the original ledger by the victim company, the Defendant was merely a plan to do so by selling and commercializing salt at a lower price than the price supplied by the victim company. In order to receive the price in cash, the Defendant sold the original ledger at a lower price than the price supplied by the victim company and did not inform the victim company of this fact even though it was a transaction method that caused damage as a result of trading. There was no intention or ability to pay the original ledger to the victim company.

The Defendant is as above.

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