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(영문) 수원지방법원 여주지원 2018.01.16 2017고단495
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

The request of applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

On April 5, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud at a method of flooding sources, and on February 7, 2013, the Defendant was sentenced to three years of imprisonment for a crime of fraud, etc., and on August 14, 2015, the period of parole passed on January 14, 2016, when the sentence was executed by a government prison.

On February 5, 2016, the Defendant concluded a construction materials supply contract with the victim C at the F office located in Namyang-si, Inc., Ltd., Ltd., the Defendant is a company that is a company G, a transaction of which Korea is a company, and is believed and sound.

Since there is no concern about dishonoring, part of the price will be settled with the bill of exchange of corporation G.

“False speech was made to the effect that it was “.”

However, in fact, G Co., Ltd. was a juristic person that borrowed and took over H’s name to provide financing because the Defendant was unable to engage in the transaction of over-the-counter checks and bills due to lack of credit, and was only a name without any transaction performance. The Defendant only thought that the Defendant received materials from the victim C and sold them at salt to pay for the existing bills or obligations, and did not have the intent or ability to approve the said bills at maturity.

The Defendant received construction materials equivalent to KRW 27,240,400,000 from the victim C in total from the same day, and paid the remainder in cash. On February 22, 2016, the Defendant received construction materials equivalent to KRW 24,130,000 in the same manner to the victim D in the same manner, and approved KRW 14,70,000 out of the payment to the electronic bill in the name of G company. Around March 14, 2016, the Defendant received construction materials equivalent to KRW 14,80,000 from the victim D and approved the payment to the electronic bill in the name of G company. However, around April 27, 2016, the Defendant acquired the total amount of KRW 46,50,000 in property gains for three times in total due to the default on payment by G companies around the same date.

Accordingly, the defendant is the victims.

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