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(영문) 대전지방법원 서산지원 2014.08.29 2014고단382
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 8,000,000, and by a fine of KRW 6,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[criminal record] On October 21, 201, Defendant A was sentenced to three years and four months of imprisonment and a fine of one million won at the Daejeon District Court for fraud, and the above judgment became final and conclusive on October 29, 201.

Defendant

B was sentenced to three years of imprisonment for fraud at the Daejeon District Court on May 13, 2011, and the said judgment became final and conclusive on May 21, 201.

【Criminal Facts】

Defendant

B is the representative director of F, and on August 2009, Defendant A, who was in charge of the actual operation of the above company, had no special property, and Defendant A conspired to acquire goods by receiving the goods from the victim H, who had been supplied the goods with the trade name of G, even though there was an outstanding amount of money equivalent to KRW 250,000,000 to F, and there was no ability to pay the goods even after receiving the goods from the victim H, who had been supplied with the goods with the trade name of G.

1. On August 10, 2009, the Defendants conspired to deliver to the victim H a check number L issued by K and a promissory note amounting to KRW 19.8 million on December 3, 2009, at the F Office operated by the Defendant in the U.S. A, which was operated by the Defendant in the U.S., the U.S. A., the Defendants made a false statement to the effect that “I would deliver goods directly to the G located in the Geumsan, which is the business partner in the U.S. who will be likely to be borne, and would make the payment for the goods as the price for the goods.”

However, the Defendant did not have the ability to pay the price of the goods because of the absence of particular assets, and was scheduled to use the price of the goods received by M as other business funds without paying it to the victim, and the promissory note paid with the price of the goods could not be settled on the due date with the bill of

The defendant from around August 28, 2009 to the same year from the victim.

9. up to July, a total of KRW 19.8 million was supplied and acquired through deception.

2. The Defendant on January 2, 2009

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