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(영문) 대전지방법원 2016.03.17 2015고정757
사기
Text

Defendants shall be punished by a fine of 2,500,000 won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants, who actually carried out the E in Daejeon Seo-gu, Daejeon, was the representative of Defendant B, and Defendant A took overall control of the said company’s funds, goods transactions, etc.

From around 2005, the Defendants were supplied with frozen fishery products from the side of the victim’s right to rescission of the contract (hereinafter “victim Company”) and commenced credit transactions from December 201, but the Defendants did not pay 39,76,400 won out of the total amount of 64,219,40 won until July 2013.

The Defendants, at the above E office in July 2013, notify F of the victim Company F’s employees F to the effect that the credit amount in the middle of 40 million won is equal to or greater than that of the victim Company F, the Defendants would pay F the credit amount to F as soon as the cash enters.

The credit payment shall be immediately repaid.

He/she shall be fully repaid to the Republic of Korea.

“.....”

However, at the time, the Defendants stated “40 million won” as the facts charged in the charge of KRW 210,000,000 as well, but changed as alleged by the Defendants.

Even if the supplied fishery products were sold to customers, it was planned to use the sales proceeds in other places, such as the business of waying, so there was no ability or intention to pay the credit amount immediately as promised to the victim.

However, the Defendants were supplied with fishery products equivalent to KRW 2,072,00 from the victim company around August 19, 2013 (ethyl et al., ethyl et al., 3) and received a total of 27,298,000 won from around that time to December 24, 2013, as shown in the list of crimes attached hereto.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness F;

1. The first written protocol concerning the suspect interrogation of the defendant A by the prosecution;

1. Defendant A’s 1 and 2 times.

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