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(영문) 대구지방법원 2016.02.12 2016고정47
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been operating the Dispute Resolution Co., Ltd. in Gyeongbuk-gun B.

On May 13, 2015, the Defendant made a false statement to D, an employee of the same steel company, who is the victim’s employee of the same steel company, stating that “The Defendant would pay the price by the end of June on the face of the supply of the original steel plate.”

However, the Defendant had an obligation of KRW 200 million to the Korea Credit Guarantee Fund, etc., and from March 3, 2015, the Defendant was in a state of being unable to be supplied with steel any more than KRW 80 million from the Steel Co., Ltd., which was in a state of having the obligation to pay the steel price, and thus, there was no intention or ability to pay the said price even if the Defendant was supplied with the raw materials steel plate from the victimized company.

The Defendant, by deceiving D as such, received the 16 chapter from the victimized Company on May 13, 2015 and around the 20th day of the same month, and did not pay 13,484,498 won and did not acquire the same pecuniary benefit.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A contract for trading goods, an electronic tax invoice, and a statement of transactions;

1. Application of the Act and subordinate statutes to the investigation report (related to the confirmation of Defendant’s obligation);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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