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(영문) 서울남부지방법원 2016.06.24 2015고단5310
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, as a person who operated steel manufacturing business with the trade name of “D,” and, at the victim F office of the victim F located in Seocheon-si, Seocheon-si, Seocheon-si, 2014, supplied the victim with steel products to the Hyundai item, manufactures steel products with steel plates on the face of the week, and supplies them to the modern item. On the back of the second month, upon receipt of payment from the modern item as an electronic bill, the Defendant would discount the bill and pay the price for steel raw materials in cash.

The phrase “the phrase was false.”

However, at the time, the Defendant was delinquent in paying taxes equivalent to KRW 53,00,000, including value added tax, and was in a state that there was no real estate, cash, or other property. Even if the Defendant manufactured and supplied steel products with steel raw materials supplied by the victim and received the price, the Defendant was planning to use the steel products as company operating expenses, mechanical leasing fees, etc., and thus, there was no intention or ability to pay the said price even if the Defendant was supplied with steel raw materials from the injured party.

Nevertheless, the Defendant: (a) received the supply of steel plates equivalent to KRW 6,600,00 from the injured party by deceiving the injured party as above; (b) received the supply of steel plates equivalent to KRW 3,300,000 on July 19, 2014; (c) received the supply of steel plates equivalent to KRW 4,290,000 on August 1, 2014; and (d) received the supply of steel plates worth KRW 6,963,000 on September 1, 2014, and received the supply of steel plates worth KRW 4,290,000 on steel plates.

Accordingly, the Defendant, by deceiving the victim, received the total amount of KRW 21,153,00 from the victim four times.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the defendant in the protocol of interrogation of the suspect (including the F's statement);

1. Statement made by the police with regard to F;

1. A complaint filed by the F;

1. An investigation report (to hear statements at the G factory head by telephone);

1. Investigation report (to hear statements from the complainants by telephone and report);

1. Inquiries about the transaction specifications and transaction details by account;

1. Detailed statement of each transaction;

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