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(영문) 청주지방법원 제천지원 2012.12.18 2011고단997 (1)
사기등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[2011 High Order 1631 / Even if the Defendant purchased construction materials from the victim D with C, the Defendant, despite having no intent or ability to pay the purchase price, shown that C, who is urged to pay debt from the creditor E or F, would purchase the construction materials from the victim, sold it again to the above E, and the Defendant would pay the debt to the above E, and C conspired to pay the debt to the above F with the price of the materials received from the above E.

On January 20, 2008, the Defendant, along with C, made the victim H corporation office operated by the victim in Chungcheongnam-gun G, Chungcheongnam-gun, the Defendant sent the victim phone to “I want to newly construct a new house in YJ, to purchase construction materials to be used at the site of the new construction work, and to send a quotation,” and on February 1, 2008, caused K to the above H corporation office on February 1, 2008, that “I would pay 50% in cash immediately upon delivery of construction materials, and pay the remainder 50% in cash within 30 days from the date of arrival.”

However, as seen above, the Defendant and C did not have the intent or ability to pay the price to the victim, either because they received building materials from the victim and sold them again to E, and the Defendant and C did not wish to pay the price to E/F.

The Defendant, in collusion with C, received construction materials such as oil pumps equivalent to 118,404,00 won at the market price on February 1, 2008 and February 2, 2008 from the victim, by making the victim’s false statement as such, in collusion with C.

[2011 Highest 1690]

1. The Defendant had been operating L Co., Ltd. from around 2005 to around 2007, while doing a project to create a housing site in the J of Y around 2007, and it became difficult for the Defendant to proceed with the project to create a housing site no longer due to the lack of progress in the development activities in the tent viewing.

In addition, the defendant has already been around 198.

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