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(영문) 서울남부지방법원 2015.08.11 2014고단3869
사기
Text

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

Reasons

Punishment of the crime

The Defendant operated D Co., Ltd. (hereinafter referred to as “D”) that engages in the manufacture and sale of organic compost, and transferred its business rights to E on or around March 2013, and received the transfer price of 300 million won. On or around June 2013, the Defendant demanded the notification of cancellation of the above transfer contract from E and the return of the total amount of KRW 570 million including the transfer price and the joint operating expenses paid by E, and the deposit passbook, etc. in which the sale price of organic compost is deposited to E for the return of the said money. Therefore, even if the materials are supplied, it was difficult for the Defendant to receive the payment of the sale price of organic compost and pay the price of the raw materials from the organic compost. Moreover, even if the apartment owned by the Defendant by the tax office on October 4, 201, it was seized by the Defendant’s creditor on June 27, 2012, the Defendant did not have the Defendant’s claim for provisional seizure against the Defendant’s payment of KRW 00,000.

Nevertheless, around July 2013, the Defendant, at the D office located in Jinan-gun G in Jinan-gun, Jinan-gun, Jinan-gun, 2013, concluded that the Defendant would make payment of the price on the 20th day of the following month when he supplied cot, which is a raw material for organic compost, to the victim, from the victim on July 11, 2013, he received from the victim 7,084,440 g market price from the victim on July 11, 2013, and received from the victim 362,630 g market price, 71,80,740 g market price from the victim on July 26, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the witness F and E in the protocol of examination of witnesses other than the protocol of examination of witnesses F and E;

1. Statement of each police statement to F and E;

1. A copy of the note of payment, each.

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