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(영문) 창원지방법원 마산지원 2014.01.22 2013고단316
사기
Text

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

except that 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

On March 27, 2013, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution on April 4, 2013, as the actual operator of C, which is a company that produces and sells fixed caters and dredging vessels, and on March 27, 2013, the said judgment became final and conclusive on April 4, 2013.

1. Around September 2009, the Defendant stated that “F, the representative director of the victim D office located in the Haan-gun, Haan-gun, Haan-gun, Inc., manufactures and supplies AOM 1 machine, which is part of sofacscing machines, as part of sofacing machines, and supplies them to G, and receives supply price from G and pays the supply price for AOM 1 machine by October 2009.”

However, even if the defendant receives the price for supply from G, he was planned to use it for other debt repayment, etc., and there was no intention or ability to pay it from the victim company.

Nevertheless, on September 30, 2009, the Defendant: (a) by deceiving the victim company; (b) received from the victim company the supply of one POM, which is a part of the cut-off cutting devices equivalent to KRW 16,775,000 at the market price; and (c) received from the date and time until January 31, 2010, a total of KRW 40,634,000 from the victim company, as shown in the list of crimes in the attached Form.

2. On January 1, 2010, the Defendant said that “A representative director of the Victim H Co., Ltd., Ltd., a victim H Co., Ltd., manufactured and supplied scood machine by supplying scood parts, and received money from the delivery company, or received money from (ju) interest, around May 2010, the Defendant received orders from the delivery company, and that the supply price will be paid immediately upon completion of the construction work.”

However, the defendant did not have an intention or ability to pay the price even if he was supplied with parts by concluding a contract for the supply of parts with the victim.

Nevertheless, the defendant.

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