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(영문) 서울동부지방법원 2017.11.24 2017고단1728
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 became final and conclusive.

Reasons

Punishment of the crime

On Oct. 8, 2015, the Defendant supplied the victim E with Kimchi-afforcing, mobile lending, and defforcing transport tanks, etc. within the D office operated by the Defendant in the wife population C in Gyeonggi-si, Gyeonggi-do. The Defendant paid all the price of goods on Jan. 8, 2016, which is supplied to the victim E.

‘False speech' was made.

However, in fact, the Defendant had an obligation of 27 million won and the financial position of the company has deteriorated to the extent that the office rent or the monthly salary of its employees would not be paid from time to time, and the Defendant was insufficient to pay the amount to be paid to the existing business entity for the goods supplied to the Gun office that is expected to receive after the date, and there was no intention or ability to pay the amount according to the agreement even if the goods are supplied from the injured party because there was no particular property or income.

On October 30, 2015, the Defendant: (a) by deceiving the victim; (b) received from the victim of the damage; (c) was supplied with transit lending of an amount equivalent to KRW 12,265,000 at the market price of kimchi; (d) was supplied with a kimchi-saving hole equivalent to KRW 6,193,00 at the market price on December 31, 2015; and (e) was supplied with a kimchi-saving trucking tank equivalent to KRW 11,00,000 at the market price on January 8, 2016; and (e) was supplied with a kimchi transport tank at the market price of KRW 29,458,000 at the market price on three occasions; and (e) was not paid the price, thereby taking profits in property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Written estimate, written contract with the office of the Cheong-gun, and assertion and judgment of the defendant and defense counsel of guarantee insurance receipts;

1. The alleged defendant and his defense counsel anticipated that the F corporation D operated by the defendant will be awarded a successful bid of KRW 450,000,000,000,000,000, which was awarded by the defendant, but it became difficult to operate the corporation due to the winning bid of KRW 260,000,000, and accordingly, there was no criminal intent to acquire money by deceit by the victim

The argument is asserted.

2...

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