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(영문) 대전지방법원 2019.11.21 2019고단2133
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The Defendant is a real representative of Daejeon Dong-gu Co., Ltd. (D, hereinafter referred to as “D”) in Dong-gu, Daejeon.

In the vicinity of September 2017, D’s sales have been rapidly high, and around December 2017, D’s wages were not paid to marina employees, etc., and the sum of payments due to transaction partners and financial rights loans amounting to approximately KRW 1 billion is extremely high due to financial circumstances, such as financial standing up to KRW 1 billion, and thus, it is reasonable to set up a security for transfer for facilities in marina, etc. within marina business. Therefore, the Defendant did not have any intent or ability to pay the amount properly even if he received the Cheongbu from the victim F, even if he received the Cheongbu from the victim F.

Nevertheless, the Defendant, when the unpaid price for the existing business entity supplied KRW 50,000,00,000 to the previous business entity, making it difficult for the said business entity to receive the Administration Fee more than the Administration Fee. Around December 11, 2017, the Defendant, via Mart G, a store store, has made a transaction with the Defendant through Mart, as there are many Marts connected to the same business relationship in addition to the present D, Cheongju and Maok, etc., and if there are many Marts connected to the same business relationship in Korea, he may conduct a transaction with the Defendant. Since there is little amount of money to be distributed to other intermediate wholesale businesses, the Defendant would make a settlement without the molding price by the next main demand. The Defendant received the Administration Fee equivalent to KRW 1,346,000 from December 22, 2017 to December 17, 2018, as indicated in the attached list of crimes, and received the Administration Fee equivalent to KRW 30,005,00.

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

Summary of Evidence

1. Each legal statement of witness F and G;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. A copy of the protocol concerning the examination of suspect of H (before the opening of name): A copy of the protocol;

1. A copy of the police statement concerning F;

1. Copies of a complaint and a complaint;

1. Copies of the particulars of transaction partners, corporate credit information, and text messages, respectively;

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