(영문) 대전지방법원공주지원 2020.11.10 2020고단386

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(영문) 대전지방법원공주지원 2020.11.10 2020고단386

사기

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[Criminal Power] On May 24, 2018, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of aiding and abetting fraud at the Busan District Court’s Dong Branch, and the judgment was finalized on January 5, 2019.

【Criminal Facts】

The Defendant, from June 1, 2016, was operating C from around 1, 2016, was a person who had been operating E Co., Ltd from around September 8, 2017, and the victim F is a person who operates H Co., Ltd in Sejong Special Self-Governing City G.

Around April 2017, the Defendant provided the victim with “C” as an individual entrepreneur and provided the victim with construction materials “on the first side of the following month, if the account statement is cut down by the end of the end of the period,” and received construction materials on credit from the victim each month from that time, but paid the victim KRW 8 million to the victim on September 29, 2017, and the amount that the victim paid to the victim gradually was fast.

In such circumstances, the Defendant continued to request the victim to place an order from October 2017 to December 2017, and the Defendant stated that “if so, money would come from the customer.............. is 10% of the 100% of the 100 customers, money would come from........... is paid by the customer...........” around December 2017, the Defendant made the victim a corporation that is E Co., Ltd., and sales would have been made to the legal entity. It would be said that the Defendant did not receive the payment from the customer, and that the payment would be made immediately if the amount was paid.”

However, as of October 2017, the Defendant was in excess of the Defendant’s obligation of KRW 130 million, KRW 30 million, KRW 30 million, KRW 67 million, and KRW 67,000,00,000 for personal debt of financial institutions, and KRW 130,000 for personal debt of financial institutions, and KRW 17,00,000,000 for personal debt of financial institutions. Moreover, the Defendant did not pay the materials to the transaction parties other than the victim and did not pay the materials to the transaction parties, and

유사 판례

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