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(영문) 대전지방법원 천안지원 2019.01.30 2018고합42
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the B Limited Corporation located in the People's Republic of China (hereinafter referred to as "C") located in the People's Republic of China, who operated the above company as the representative director.

C around December 2010, around KRW 1.06 billion, the unpaid obligation to the Customer was reached and approximately KRW 200 million per factory rent was over one year. The production cost continued to increase, but the sales cost did not reach approximately KRW 400 million per month due to the rapid increase in the monthly sales of approximately KRW 400 million per month, and the amount of operating expenses increased and the amount of KRW 100 million per month is accumulated, so even if the business fund was borrowed from others, there was no possibility of normalization of the company through facility investment or purchase of raw materials.

Around December 2010, the Defendant sent the Victim F to the E-cafeteria located in Gwangju Northern-gu, and said, “C is a company that produces and sells the core sign attached to electronic equipment, etc., and developed the nitrok-gu manufacturing technology used in G, but the supply contract was also concluded with G, but it was not possible to supply the product because the cost of the installation of the production facility has not been incurred. Thus, if the Defendant borrowed KRW 350 million with the cost of the installation of the production facility, he would immediately pay all the money that he paid to G within three months after installing the production facility and supplying the product to G, and the interest rate of 3% per month is also paid.”

However, there was no fact that C had entered into a supply contract with G, and there was no such technology, and the Defendant did not have any intent to install production facilities as above.

On April 20, 201, the victim paid KRW 350,000 to the Defendant’s deposit account, and from that time, until April 25, 2012, the victim delivered KRW 1.24,22 million over ten times, such as the list of crimes in the attached list.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant;

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