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(영문) 서울서부지방법원 2015.10.14 2015고단1266
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, as the actual operator of Koyang-gu Co., Ltd. D, the Defendant is a company that sells reinforced glass based on metal, such as luxes, and D is a company that is operated in the form of selling raw materials, such as luxes, supplied to the processing company with raw materials, such as luxes, sold the processed finished goods to the customer and then paying the cost of supplying raw materials with the proceeds of selling them.

On May 2013, the Defendant called the victim F, who operates the Defendant Company E, a raw material supplier, at the office of the said Company D, to the effect that “I would like to settle the payment in cash after receiving payment from the Customer, if the President N processing business entity, H, I, J, “K,” “I,” and “K,” in credit.”

However, the Defendant is also unable to pay the wages of the employees at the time. In particular, in the case of processing chain “H” and “J” where the Defendant owed the obligation, the Defendant was thought to repay the obligation to the above processing company with the raw materials supplied by the victim, and thus, the Defendant did not have the intent or ability to pay the said amount even if the Defendant supplied the processed company with the raw materials.

Nevertheless, on June 20, 2013, the Defendant had the victim supply the content amounting to KRW 76,012,046 to “G”, which is the customer of the Defendant, as well as had the victim supply the content amounting to KRW 286,20,345 on a total nine occasions, such as the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, L, M, and N;

1. Partial statement of each police interrogation protocol against the accused (including the F's statement part);

1. The police statement concerning F;

1. A statement prepared by the F;

1. Investigation Report A submitted by the suspect A - Details of transactions with the complainants, and the outstanding amount.

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