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(영문) 대구지방법원 김천지원 2017.12.19 2017고단1279
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 126,399,240 won to the applicant for compensation.

Reasons

Punishment of the crime

The defendant is the representative director of E Co., Ltd., Ltd., the Gu and America, who carries on semiconductor distribution business.

On May 31, 2017, the Defendant supplied semiconductors to the victim C, who engages in the distribution business of semiconductor parts in a trade name at the E office of the foregoing corporation, “F”.

B. In order to sell semiconductor goods (ATMG 64A-AU) at a low price of 15% below the market price.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant did not directly receive the goods from Samsung subcontractor, and had to procure semiconductor goods on credit from the customer, and had been responsible for the total amount of KRW 20 million to the customer and the wife G at the time, and thus, even if the victim received the payment of semiconductor parts from the victim, it was planned to prevent the return of the existing obligation, and there was no intention or ability to supply the semiconductor goods to the victim.

At around 17:40 of the same day from the victim to the NongHyup Bank account in the name of E Co., Ltd., the defendant deceivings the victim as above, and acquired money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Complaint;

1. In full view of the following circumstances acknowledged by evidence duly adopted and investigated by this Court, the Defendant may fully recognize the intent of the instant fraud crime. In full view of investigation reports (in relation to submission of data), investigation reports (Attachment of a record of the submission of a criminal complaint), investigation reports (Reference Party H telephone statement), and investigation reports (Reference Party H telephone statement)

① At the time of the police investigation, the victim consistently stated to the effect that the Defendant paid KRW 126,39,240 to the Defendant for the semiconductor goods by making a false statement in its reasoning.

(2) After receiving the above money from the injured party, the accused does not use it as a cost of procuring semiconductor goods, and all the accused’s wifes.

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