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(영문) 대구지방법원 서부지원 2014.07.24 2014고단775
사기
Text

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

Reasons

Punishment of the crime

From September 199, the Defendant filed a complaint with C and D on the grounds that the loan was not repaid, the price of supplied goods was unpaid, etc., and each indictment was suspended on or around October 2000. On or around January 2001, the Defendant established the “E Limited Corporation” in North Korea and received the original sampling from Korea and operated its business in China and received orders.

1. On May 11, 2002, the Defendant made a false statement to the victim “H company” office operated by the Victim F in Seo-gu Seoul Metropolitan City, Seo-gu, stating that “AH company will manage the “E Limited Corporation” in China, and pay 1/2 of the cost of self-surging shipping at the port of loading at the port of loading at the port of loading at the port of loading at 4,000 meters of the cost of self-surg, and pay the remainder within 15 days.”

However, the Defendant was unable to pay the full amount of the borrowed and supplied goods to C and D, and the said “E Limited Corporation” had no intent or ability to pay the full amount even if it is supplied with the original amount from the victim in the insolvency situation where the expenditure such as operating expenses is more than the revenue.

The Defendant was supplied by the victim with 4,00m of 13,425,721 won at the market price around that time.

Accordingly, the defendant was given property by deceiving the victim.

2. On June 2002, the Defendant made a false statement to the victim in the office of “K Company” operated by the victim I in the Seo-gu Seoul Metropolitan City, Seo-gu, Seo-gu, Seoul Special Metropolitan City Council, that “The Defendant would deliver the original team to the victim and settle the payment after the shipment.”

However, the Defendant was unable to pay the borrowed money and the price for supply to C and D, and the price for supply to F was not paid properly, and the said “E Limited Corporation” did not intend to pay the borrowed money or the price for supply to F even if it was supplied by the victim in the insolvency crisis with more expenditures such as operating expenses than revenue.

The defendant shall belong to him from the victim to the same year.

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