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(영문) 부산지방법원 2018.11.28 2018고단2302
사기
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

On January 2017, the Defendant, a representative of B retailing steel, etc., started a transaction under the condition that the Defendant would pay the supplied goods to the end of the following month after receiving a cooling cocoin from C around January 2017. At the time, the amount of the obligation is equal to KRW 250 million, and the amount of interest on loans, vehicle leasing, office operating expenses, living expenses, etc. due to the enemy’s operation is insufficient, the Defendant provided funds to other companies at a price higher than the price of the supplied goods for the cooling coin which the damaged was supplied by the injured, and attempted to pay part of the supplied goods to the injured party.

On April 30, 2017, the Defendant ordered the victim’s air conditioners in Busan-gun E, Busan-gun, more than the existing trading volume. The Defendant received 169,267km-day 169,05,059 won from the injured party from the air conditioners, and received supply from the injured party, from October 31, 2017, a total sum of KRW 1,893,595,918 (2,299,480km-ggs as shown in the crime list as shown in the annexed crime list from October 31, 2017.

As such, the Defendant, by deceiving the victim, acquired the property by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes governing the head of the account, credit sales, and tax invoice;

1. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the Defendant had the intention to acquire the crime by deception, in light of the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding the criminal facts.

The decision is judged.

1. The Defendant began transactions with the victim from January 2017. The trading volume between March and March was 30,000 g through 52,600 g per month, and the outstanding amount as of April 14, 2017 was KRW 44,394,240 per month.

In this regard, the order volume of April has rapidly increased to 169,267km, and the order volume of September has continuously increased to 469,70km, and the outstanding amount has also increased to 715,852,060 won.

2. The defendant shall be prosecutorial.

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