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(영문) 대구지방법원 2016.02.18 2015고단3795
사기
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence 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 is the representative director of the company C with limited liability located in Daegu-gu, and D, the person in charge of the order and sale of the goods from the above company, and E, the person in charge of the storage and delivery management of the goods, and the settlement of the price of the goods from the above company.

The Defendant, D, and E (hereinafter referred to as the “Defendant, etc.”) received lectures from the Victim F Co., Ltd. to supply them on credit, and conspired to sell “dumping” in the name of “dumping” at a price lower than the supplied price and to receive the sales proceeds in cash.

D On February 2, 2014, in the vicinity of the four-distance radius in the Seocho-gu, Daegu-gu, Daegu-gu, the head of the department of the victim company's Daegu-gu business office "The head of the department of the victim company's Daegu-gu business office "the head of the department of the victim company's Daegu-gu business office provides real estate as security. The amount of the supply of the lecture hall will be settled

“.......”

Accordingly, around February 10, 2014, the Defendant, etc. purchased H. 501 No. 222,200,000,000 won in the name of a limited company C, and provided the above real estate as security by establishing a maximum amount of KRW 200,000,000 to the victim company on the 13th of the same month, and entered into a contract for goods supply with the victim company on the 19th of the same month.

However, the above real estate provided as security by the defendant et al. is equivalent to KRW 120 million if the amount of senior rental deposit is deducted from KRW 120 million, and the limited liability company C did not have capital from the beginning. The defendant et al. dumped at a price lower than the price of the goods supplied by the victim and sold the goods from the victim company and paid the sales proceeds in cash, and some of the proceeds are repaid by the defendant et al., and the defendant et al. were to be used individually, and there was no intention or ability to pay them normally within the agreed period even if the goods are supplied by the victim company.

Accordingly, the defendant et al. deceiving the above G.

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