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(영문) 인천지방법원 부천지원 2017.08.10 2017고단1221
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person who actually operates C (hereinafter “C”) as the main manufacturer, processing, and manufacturing company of metal products located in Kimpo-si, Kimpo-si. Under the circumstance where the financial status of C has deteriorated due to hostile accumulations, etc., and the total amount of the amount payable to C as to the customers who supply materials to C exceeds KRW 100 million on May 2, 2016 through around June 6, 2016, the Defendant did not have any way to raise money without any particular financial resources and without paying the amount payable. However, the Defendant strongly urged the said transaction parties to pay the said amount to the effect that the said transaction parties would no longer supply the materials. On the other hand, in order to avoid the demand for the payment of the amount payable and continue to operate C after receiving the demand for the payment of the amount payable, and requested the transaction parties to do so for the payment of the additional amount, and then, it is also possible to receive the money from the transaction parties and to continue to pay the money normally as if the money was supplied from the existing transaction partners.

However, in fact, the defendant did not know about the issuer, endorseer's size, financial capacity, financial status, and intent and ability to pay the bills. There was no confirmation paper. The defendant attempted to avoid the management difficulties of the party using the above bills only. It was aware that the above bill is a 'bbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbb.

In addition, the defendant, who was faced with such financial difficulties, did not have the intention or ability to prevent the default of the above bills, and is supplied additionally.

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