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(영문) 전주지방법원 2013.06.13 2013고단1025
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On November 29, 2012, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Jeonju District Court, and the said judgment became final and conclusive on December 7, 2012.

The Defendant practically operated a corporation E which manufactures, sells, and maintains the LED electronic display board system located in Seojin-gu Seoul Special Metropolitan City.

However, around January 2012, the company failed to pay the tax of KRW 18,00,000 due to the difficulties in its business and financial status, the employees’ wages were in arrears, and the Defendant’s personal debt also intended to use the sales proceeds of the company’s products for personal purposes, such as repayment of debts, etc., even if the sales proceeds of the company’s products were paid by others, there was no intention or ability to supply the PE electronic displays even if the sales proceeds of the company was paid by others.

Nevertheless, around February 13, 2012, the Defendant, at the coffee shop near the E office, made the victim F in China a set of 200 LED electronic display board with the “product P-10 (SMP TYE) 200,000 won. There is a lock in a customs house, which does not bring about customs duties or difficulties. The price exceeds KRW 130,000,000,000, and in particular, would be supplied for KRW 120,000,000. If the payment of KRW 60,000 is made first as a down payment, the Defendant would make the finished product as above. Of the price, KRW 30,000,000 would be deducted in return for the use of electronic signs during the 19th National Assembly election campaign period. The remainder payment of KRW 30,000,000 is changed in the form of payment “for three million,000,000 won.”

The Defendant received 4 million won in cash from the victim as the purchase price in the electronic sign board, i.e., KRW 4 million from the victim. On February 18, 2012, the Defendant received KRW 8 million from the Agricultural Cooperative Account under the name of the Co., Ltd. E, and received KRW 24 million on February 20, 201, and the same year.

3.2.2.2.2.2.4 million won was remitted and acquired through deception by obtaining a total of KRW 60 million.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint (including attached materials);

1. Criminal records before judgment: Criminal records;

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