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(영문) 인천지방법원 2021.01.15 2020고단9775
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a real operator of "D" for steel distributors in Incheon Dong-gu B and C.

The defendant called "D" office around May 2020 to F, the representative of the victim E company, and paid the price by the end of June 2020, when he supplied steel products on credit.

“The phrase was false.”

However, in fact, the Defendant reached approximately KRW 1,189,00,000 of the accounts for the supply of steel products such as steel products that were not paid to six business partners, including G, etc., and the amount of liabilities has increased due to pressure on recovery of the principle and interest. The Defendant was under a situation where a decision to commence an auction on real estate offered as security was made.

Accordingly, the Defendant received steel from the injured party the supply of steel materials, offered money at a price lower than the supply price by resale, and paid the money to other companies with the said money, and received the said steel materials to “refiscing a return,” and there was no intention or ability to pay the price normally until the period the injured party promised to do so.

On May 4, 2020, the Defendant: (a) by deceiving the victim; (b) was supplied with steel products of 26,367km around May 4, 202; and (c) around May 12, 2020 at the market price of steel products of 24,846,553 won, including steel products of 24,50km around May 12, 2020.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A copy of the transaction statement, a copy of the transaction statement, or a copy of the invoice;

1. Application of Acts and subordinate statutes accompanying evidential materials;

1. The scope of defraudation is very clear in light of the relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act, and the circumstances leading to the crime of sentencing for the choice of imprisonment, and the nature of the crime is bad.

It seems that the amount of fraud is not so much and the damage is not completely recovered.

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