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(영문) 창원지방법원 2019.02.13 2016고단3662
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. The defendant in the 2016 Highest 3662 case is the representative director of C Co., Ltd. in Kim Sea-si B.

On November 6, 2015, the Defendant, at the office of the Victim E Co., Ltd., Ltd., Ltd. located in Gyeong-si, Chungcheongnam-si, Gyeongbuk-si, concluded that the Defendant manufactured steel structures worth KRW 417 million totaling up to the end of December 2015, and supplied them to C, and that the price shall be paid within 60 days from the delivery date.

However, the facts are as follows: (a) around October 27, 2015, C Co., Ltd. was awarded the bid price of KRW 3.6 billion for the above B factory site and paid the bid price until February 22, 2016; (b) paid KRW 3.1 billion out of the bid price due to no particular company funds and income; and (c) the said steel structure supplied by the victim Co., Ltd was ordered by C Co., Ltd. I to pay the price of the said steel structure at KRW 471,240,000, which was paid by C Co., Ltd. I around February 19, 2016; and (d) there was no intention or ability to pay the price even if it was supplied by the victim Co., Ltd. with the steel structure by using the remaining amount of KRW 50,500,000 without paying the price of the auction price to the victim Co., Ltd.

The Defendant received from the victim company a total of KRW 417 million around February 15, 2016 from the victim company.

Accordingly, the defendant was given property by deceiving the victim.

2. "Cases of "2017 Highest 1754".

A. The Defendant is a person who operates C Co., Ltd. in Kimhae-si B.

On June 25, 2015, at the defendant's office located above at the above location, the defendant stated that "on the part of the representative director of the victim JJ Co., Ltd., "I would deliver steel materials that can produce facilities because it has been ordered by I, and pay the price by August 31, 2015 after receiving them from I, and on September 17, 2015, the defendant still delivered them from I to the above K at a non-place."

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