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(영문) 의정부지방법원 고양지원 2015.04.24 2014고단1389
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who is engaged in the manufacturing business with the trade name “D” in Pakistan.

On February 2, 2013, the Defendant made a false statement to the effect that “If a steel plate (EGI) is supplied, the Defendant would make a settlement of the price for the steel plate in the month following the month in which the steel plate is supplied.”

However, the Defendant was unable to pay approximately KRW 14 million to his employees from January 2013, as well as to pay KRW 6.7 million monthly installments for the valleys, etc. purchased by borrowing approximately KRW 315 million from the filial capital, and around February 2013, the Defendant was liable to pay approximately KRW 55 million to F, who is the customer, and even around February 2013, there was an increase in the amount of debt to be traded, so there was no intention or ability to pay the amount properly.

Nevertheless, the Defendant, as seen above, by deceiving the victim, acquired the iron plates equivalent to KRW 39,101,370 from the victim on or around March 4, 2013; KRW 38,921,190 from April 8, 2013; KRW 30,276,015 from May 24, 2013; KRW 7,218,750 from the total of KRW 15,517,325 from the victim on or around May 27, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol of examination of the accused prepared by the public prosecutor;

1. Each legal statement of witness G and H;

1. Details of orders, tax invoices, materials orders, trade specifications, etc., promissory notes that are defaulted, details of financial transactions, and direct and non-statements;

1. An investigation report (attached to a summary order, a written statement, etc. and a statement of financial transactions) (the defendant processed the steel plates of this case and thereafter holds the reputation of the Co., Ltd. (hereinafter referred to as “clearness”)

Although it is intended to supply it to the victim and pay it to the victim, it shall be paid from the reputation of the middle processing company's seal.

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