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(영문) 대전지방법원 천안지원 2015.02.13 2014고단1458
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around August 2013, the Defendant made a false statement to the effect that, at the D office operated by the Defendant in Hanam-si, the Defendant supplied the Victim Red Bank Holdings Co., Ltd. to E, an employee of the Victim Red Bank Holdings. He would offer the Party as security within one week from the delivery of the Party. He would supply the Party with a discount equivalent to KRW 36 million. He would immediately make payment at the end of September.

However, the transaction value of real estate owned by the Defendant is equivalent to 1.5 million won. On the other hand, the right to collateral security was established as of December 2012, 201, and the establishment of provisional seizure of 32 million won has already been registered from other creditors around July 2013, and there was no real estate to be offered as security because it has already been de facto value as security because it has already been de facto value, and there was no real estate to be offered as security because there was no value as security. In addition, other personal obligations than the above obligations are 30 million won, and even if sales profits have been made after being supplied with the above over 30 million won, there was no intention or ability to repay the price for supply to the victim company.

As above, the Defendant, by deceiving the victim company, was supplied by the victim company with an excessive amount of KRW 36 million around August 20, 2013.

On August 23, 2013, the Defendant continued to pay KRW 6 million, which is a partial delivery price, to the said victim’s Lebanks Co., Ltd. on August 23, 2013, the Defendant stated to the effect that “The price is to be paid as deposited by the customer, and the Defendant supplied KRW 28 million to E of the said victim’s employees E of the said victim’s company. The security is to be prepared for the following week.”

However, as seen above, there was no real estate that can be offered as security to the defendant, and even if the debt was 30 million won and the profit was made, there was no intention or ability to pay the above over-paid price of supply.

As above, the Defendant, by deceiving the victim company, was from the victim company on September 2, 2013, 27850,000.

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