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(영문) 서울중앙지방법원 2012.11.16 2012고단4981
사기미수
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, while running the Liquor Wholesale Co., Ltd. E, supplied 340 ambling 340 on September 2, 2003 from G, which is a liquor importer operated by the Victim F, and provided 119,100,000 won with the dead ambling 454 ambling on June 12, 2004 and June 24, 2004, but was obligated to pay 119,10,000 won for the purchase of the dead ambling 10,918,00 won from the victim while paying only 90,918,00 won for the purchase of goods on July 19, 2006, the Defendant was subject to a lawsuit for the purchase of goods with the victim, and there was an agreement with the victim on compensation for damages prepared in collusion with the victim in the past, and thus, the Defendant did not return the purchase price to the victim by fraudulent means.”

On July 14, 2006, the defendant filed a petition with the Seoul Seocho-gu Seoul Central District Court civil petition of the Seocho-gu Seoul Central District Court to the effect that "The defendant paid KRW 144,918,000 to the victim's 800 alcoholic beverages for the death of the victim, the victim only supplied only 340 alcoholic beverages, but did not supply 460 alcoholic beverages. Thus, the victim did not supply 340 alcoholic beverages out of the already paid alcoholic beverages amounting to KRW 11,2278,00,00 and the amount of KRW 94,40,000,000 for compensation for damages caused by the victim's non-supply of goods pursuant to the agreement between the defendant and the victim and the court's agreement of 267,000,000 won for the payment of the principal and interest thereof" while submitting a counterclaim to the effect that "the defendant had actually been prepared by the victim as a false tax invoice and the agreement of 2006.766.

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