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(영문) 서울북부지방법원 2018.02.01 2017고단3491
사기
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the building material wholesale and retail company C.

On June 8, 2016, the Defendant would pay the price for goods on the fifth day of each month after the two months elapsed from the supply of steel fiber by calculating the price of KRW 900,000 per ton per week by continuing the supply of steel fiber to F, which is an operator of the Gangwon Textiles Cooperative Office located in Yongsan-gu Seoul, Seoul.

C made a false statement, “I am me about the credit rating or fund raising capacity.”

However, the fact that C had been supplied with steel due to the lack of a new order from around May 2015, 2016, such as that the enemy's debt amounting to KRW 420,000,000,000, around around around around 2015, C had not been capable or willing to repay the price of the goods even if he was supplied with steel from the damaged party due to the lack of the new order from around 2015.

On June 11, 2016, the Defendant supplied KRW 215,017,00,000, total market value of steel fiber 5,000 kilograms from the injured party, including the supply of KRW 4,950,00,00,00, from around around around 11, 2016, until October 12, 2016, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Statement made by the police with regard to F;

1. Specifications of transactions and electronic transactions;

1. Electronic bills or promissory notes;

1. Application for an order to commence simplified rehabilitation procedures;

1. Investigation report;

1. Application of statutes on details of balance;

1. Relevant Article 347 of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of imprisonment for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Determination of the Defendant’s assertion under Article 62(1) of the Criminal Act is given to the Defendant, and the Defendant is supplied with strong fibers from the injured party.

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