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(영문) 서울남부지방법원 2013.05.08 2012고단4835
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is the representative director of D (hereinafter referred to as D) who conducts the steel manufacturing business, etc. in Seo-gu Incheon Metropolitan City.

D was unable to receive total amount of KRW 353,911,547 from F operating E company from around December 8, 2010 to January 29, 2011, and it was difficult to carry out financial circumstances. The Defendant used approximately KRW 2 billion bonds to raise the funds of the company.

When the Defendant received a demand for payment from the bond dealers, even if he was supplied with the materials on credit from the material supplier and sold them to other traders, he was planned to use them to repay the principal and interest of the above bonds without paying them to the material supplier, but he did not have any problem in the ability of the material supplier to pay the principal and interest of the above bonds, with the mind that the material supplier would be supplied with the materials first, and that the material supplier would be supplied with the material as if the material was supplied.

On October 12, 2011, the Defendant: (a) provided the Victim G Co., Ltd.’s G Co., Ltd.’s G Co., Ltd. with an over-the-counter fishing at the above D office until October 20, 2011; (b) provided the victims with approximately KRW 106.6 tons of over 102,852,750 of the market price; and (c) provided the victims with materials worth KRW 880,475,524 of the total market price on 12 occasions as indicated in the list of crimes, and received property by deceiving the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution (including each statement of H, I, J, K, and L);

1. Each police statement concerning H, M, J, K, and L;

1. Each electronic tax invoice;

1. Application of Acts and subordinate statutes of the Customer Director

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. According to the evidence stated in the main sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes, the following facts can be acknowledged.

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