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(영문) 의정부지방법원 고양지원 2013.04.17 2012고단1270
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant is a manufacturer, such as the calendar, who operates the C and D.

On June 31, 2010, the Defendant stated to the effect that “F, an employee of the victim E company, supplies printed paper and sells it, and immediately pays the printing paper for sales proceeds as soon as the sales proceeds are collected.” Since the equipment equipment such as the foundation of a factory, etc., can be transferred at the time of payment due to internal ownership, there is no problem in recovering the sales proceeds.”

However, on August 31, 2004, the above equipment and machinery had been transferred to G around August 31, 2004, and the Defendant was obligated to pay 300 million won at the time as credit bad and was in a situation where business was difficult due to the enemy who occurred in the year 2009. Therefore, even if a printing site was supplied by the victim, there was no intent or ability to pay the price normally.

Nevertheless, the Defendant, as seen above, by deceiving F, received from the victim a letter of printing amounting to KRW 52,866,115.

In addition, the Defendant received the total amount of KRW 745,50,816 from that to December 15, 2010, as shown in the attached list of crimes, on eight occasions, and did not pay KRW 325,90,816 out of that amount.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement of H;

1. A complaint;

1. Payment order;

1. Application of Acts and subordinate statutes concerning the ledger of credit sales and notarial deeds;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination of the assertion by the accused and defense counsel under Article 62-2(1) and the main sentence of Article 62-2(2) of the Social Service Order Act, Article 59 of the Probation Act, and the accused and defense counsel are engaged in transactions with the victim.

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