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(영문) 인천지방법원 2020.02.12 2019고단5529
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. The Defendant is a B’s operator and a C’s operating director who produces a printed circuit board.

On January 2018, the Defendant, at the office B located in Incheon Seo-gu, Seo-gu, Incheon, that had been aware of as a broker for transactions with C operated by F, was false to the effect that “If the Defendant supplied 846mm/T 5846m/ 8,000 of the circuit printing machine, the Defendant would deposit the payment up to the end of February 2018. The same company C and B are not at this time, but at the same time, B’s tax invoice is cut.”

However, in fact, the Defendant began to pay taxes around September 20, 2016, and since August 7, 2017, the arrears of loans began to be provided to I from around August 7, 2017, and after being supplied with credit goods from the victim, B was planned to discontinue the supply due to the price of goods, and C was a separate business entity, and C did not have the intent or ability to pay the price even if the goods are supplied by the victim.

The Defendant, as such, by deceiving H, received a printed circuit board equivalent to KRW 5,808,00 from H around January 8, 2018, and obtained a total amount of KRW 17,173,200 from around 10 to March 9, 2018 as indicated in the attached list of crimes. The Defendant, as described in the attached list of crimes, obtained a total of 10 times from around 10 to around 10 times.

2. The Defendant of the 2019 Man-Ma854 is a person who operates the PCB manufacturing business under the trade name of “J”, and the Victim K is a person who operates the PC business under the trade name of “L”.

On March 16, 2019, the Defendant, at around 15:21, at the Seo-gu Incheon Metropolitan City M building and the J Office located in N, called “the Defendant’s request for a PCB supply contract by e-mail from the victim to return electricity to the victim, and at the same time, it is necessary to pay electricity, and at this time, it is necessary to send advance payment necessary for the production of PCB to 2,300,000 won.” Accordingly, the Defendant made a false statement to the effect that the PC is to be supplied within 1-2 weeks.”

However, fact.

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