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(영문) 서울남부지방법원 2017.12.19 2017고단4929
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

On February 24, 2012, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Seoul Northern District Court, and completed the execution of the sentence on September 9, 2012.

The defendant is a person who operated D Co., Ltd., which is engaged in the manufacturing business of steel, such as steel, in the stery.

On October 2014, the Defendant made a false statement in the first place in D Office Co., Ltd., Ltd., which made it possible for the victims E to purchase all of the scrap scrap and scrap from steel cutting.

However, in fact, the Defendant was in a situation where the main supplier was unable to receive KRW 200 million for the supply price due to the failure of the main supplier to pay the price, and the volume of steel trading was not much transferred for the scrap scrap generated at the time of steel manufacturing since the amount of steel trading was reduced. The Defendant had no intent or ability to provide the scrap scrap even if the Defendant received the price due to the failure to provide the scrap upon entering into a contract for the supply of the scrap scrap with the “F” company and the “F” that received the payment of the price due to the failure to provide the scrap. Therefore, even if the Defendant received the payment from the injured party, there was no intention or ability to provide the scrap.

Around October 15, 2014, the Defendant received KRW 10,000,000 from the damaged party to the corporate bank account (Account Number: G) in the name of the Defendant’s bank account, and received KRW 3,000,000 from the above corporate bank account on October 16, 2014, and acquired KRW 5,000,000 in cash and received KRW 3,00,000 in the above corporate bank account on December 11, 2014, and acquired KRW 3,00,000 in the Korean bank account (Account Number: H) in the name of the Defendant on December 17, 2014, respectively, and acquired KRW 10,000 in cash from the new bank account under the name of the Defendant on December 17, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police investigation report (verification of relationship between the complainant and the titleholder of passbook who deposits the money);

1. An agreement, a detailed statement, a respective letter of loan, a respective letter of payment, a statement of D transaction confirmation, a certificate of transfer confirmation (10 million won), a certificate of transfer confirmation (30 million won), and a certificate of transfer confirmation (50 million won);

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