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(영문) 서울남부지방법원 2017.10.13 2017고단3894
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 12, 2016, the Defendant was sentenced to a suspended sentence of two years for the crime of forging private documents at the Seoul Southern District Court on the 20th day of the same month and the judgment became final and conclusive on the 20th day of the same month.

1. On July 22, 2016, the Defendant committed the crime against the victim’s seaman Sti Co., Ltd., at the E Company office located in Yeongdeungpo-gu Seoul Metropolitan Government, concluded a contract with the Busan Regional Procurement Office to contact the victim’s seaman Sti Co., Ltd. with employees, and concluded a supply contract with H type river (steel Products). The Defendant made a false statement to the effect that “The supply of H type lecture to pay the remainder by September 30, 2016, by September 15, 2016, by paying 1/3 of the price and by paying the remainder by September 30, 2016.”

However, the Defendant did not have any special property or income at the time, and the E Co., Ltd. had a financial institution’s debt amounting to KRW 400 million or more, KRW 500 million or more in total, and KRW 900 million or more in total due to the excess of its obligation. The Busan Regional Public Procurement Service received H-type strong money from the Busan Regional Public Procurement Service and used it for the company’s operating fund, or used it for the repayment of obligations to other creditors, so even if it received H-type lectures from the victim company, there was no intention or ability to pay the money on the date

Nevertheless, as seen above, the Defendant, from July 26, 2016 to the victim’s staff member Esti company, by deceiving the victim’s crew member Esti company, obtained the issuance of 130,050,679 tons of H type of 140.523 tons of the market price from P, which was located in Esti from July 26, 2016 to the next day from the victim’s day.

2. Crimes against the victim Qua;

A. On July 20, 2016, the Defendant made a false statement to the effect that, at the E Co., Ltd. office located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul around July 20, 2016, the Defendant contacted the victim Q, who is the Plaintiff, to enter into a contract for the supply of Korean Railroad Corporation and the steel board, and that, by August 31, 2016, supply the steel board to pay the price.

However, the defendant has a special property or income at the time.

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