(영문) 대구지방법원 2012.08.28 2011고단5007

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(영문) 대구지방법원 2012.08.28 2011고단5007

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A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in this case, the fraud of September 9, 2004 among the facts charged in this case shall be acquitted.

Reasons

Punishment of the crime

Since around 1994, the Defendant had operated the Dasan Manufacturing Business Co., Ltd., and had transferred the name of the Defendant to the Ma in the name of the Defendant’s wife to the Ma in Daegu Northern-gu, and had operated the Da in the name of the representative from March 2003 to H.

The Defendant was liable to pay 30 million won to I around December 2, 2003 due to the business depression due to the business depression, sales depression, etc., and was liable to pay 50 million won to J on or around December 2003 as well as to pay 50 million won for the discount of bills. Accordingly, since the Defendant’s financial condition becomes worse, the Defendant was unable to pay the goods or borrow money from the trading company on or around June 2004 by failing to pay for the consignment and customs clearance costs on behalf of the J, etc.

1. The Defendant, at the end of the Daegu-gu Office of GD around the end of 2003, stated that the Defendant “on the face of the delivery of the original unit to the victim K, he will request the processing of the original unit to China, and the payment will be made later.”

Around February 20, 2004, the Defendant received from the victim the amount equivalent to KRW 145,780,70,700 from the MM company operated by the victim in Daegu L, Daegu, the amount of KRW 136,820,70 from the victim, and ② around March 16, 2004, the amount of KRW 145,651,651, 162,937,250 from the victim, respectively, at the same place.

However, there was no intention or ability to settle the debt normally even if the defendant is supplied by the victim because the debt is excessively accumulated or the business is poor in the course of operating the (state)D.

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

2. On July 8, 2004, the Defendant was supplied with “the victim” at the above M&A office (e.g., paragraph (1)) and processed in China.

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