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(영문) 수원지방법원 안산지원 2017.09.19 2016고단3874
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant operated Co., Ltd. E, which is engaged in the manufacture and sale business of the chairs for office use in ethic City D.

1. On June 28, 2010, the Defendant committed a crime against the Victim F would normally pay the victim the part to the E office of the said Co., Ltd., and “the part to be supplied on credit” to the victim.

“A false statement” was made.

However, the defendant did not have the intention or ability to pay the price normally even if he was supplied from the injured party, such as that he had a debt of approximately KRW 1.6 billion including bank loans and customer debts at the time, and did not pay national health insurance premiums early.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 300 justal parts of the suspected part of KRW 1,350,000 on the same day from the injured party; and (c) received 8,025,000 from July 14, 2010 through the supply of the suspected parts of KRW 8,00 in total on three occasions, such as the previous list of crimes (1).

2. On May 20, 2010, the Defendant committed a crime against the Victim G is to pay the amount with a bill, etc. that is normally settled on the date of payment by the victim, from the “I Company” located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, which is operated by the victim.

“A false statement” was made.

However, in fact, even if the Defendant received advance payment from the injured party or borrowed money, such as bank loans and customer debts, and did not have any intent or ability to pay the borrowed money.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received 504 “ro-net price” as part of the suspected part of KRW 4,767,840 on the same day from the injured party; and (b) from that time until August 12, 2010, the Defendant committed a crime list (4).

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