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(영문) 부산지방법원 동부지원 2017.07.13 2016고단2408
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant of "2016 Highest 2408" runs the main business of manufacturing and exporting industrial machinery in Ulsan-gun D (hereinafter referred to as "E")

is the representative of the Commission.

On March 2, 2015, the Defendant entered into a contract for the removal and manufacture of tobacco ethyl ethyl Co., Ltd. and approximately KRW 1.5 billion in size, respectively, of India’s “bat” (hereinafter “bat”) around August 2015 and approximately KRW 3 billion in size, respectively.

Since 2012, the Defendant, as at the time, was liable for business losses in excess of KRW 400 million due to the overdue date of delivery, defects in the supply goods, etc. in the existing transactions, etc. In addition, since the year 2012, the Defendant first used the down payment and the amount of money to be paid from the original office as business expenses of the company, such as payment of obligations and labor expenses, etc. for the supply of goods to the subordinate companies arising from the existing transactions (hereinafter referred to as “return”), the amount equivalent to KRW 1120 million, the amount of personal obligations equivalent to KRW 1120 million, and the amount of bills equivalent to KRW 140 million, and the amount of bills equivalent to KRW 140 million, and even if the subcontractor supplied parts necessary for the manufacture of industrial machinery from the original office, the Defendant used the down payment and the amount of money to be paid from the original office as business expenses of the company (hereinafter referred to as “return”).

Since there is no choice but to pay the price for supply to the subcontractor, it is anticipated that it will not be paid properly.

In addition, the Defendant had already used the considerable portion of the down payment and the cryp value paid from the original ethyl and ethyl, as the repayment of all kinds of obligations and company operation expenses, etc., as well as on the wind that the delivery date is too short while entering into a contract with the large ethyl, and on July 2015, the Defendant did not comply with the delivery date, thereby bearing the overdue obligation equivalent to KRW 200 million for the large ethyl, and bear the total amount of KRW 500 million, such as additional personnel expenses.

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