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(영문) 인천지방법원 부천지원 2013.05.08 2013고단185
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around June 10, 2006, the Defendant made a false statement to the effect that “The Defendant would pay the amount without delay on the last day of the following month in the event that the Defendant had supplied the products manufactured in the manufacturing process, such as light, etc., to the victim F, at the office of the Co., Ltd., Ltd., located in 103 106 and 106 of the D building D, which was operated by the Defendant in Bupyeong-gu, Busan.

However, the Defendant had no intention or ability to pay the amount even if the Defendant received the goods from the Customer at the time of the delivery of the goods, and the credit card payment and the financial institution loan liability amounting to about KRW 250 million, and there was no intention or ability to pay the amount even if the Defendant received the goods from the complainant.

Nevertheless, the Defendant: (a) by deceiving the victim as such; and (b) received from the victim the parts for manufacturing products with a stable light light equivalent to KRW 2,772,00,00 from the victim around June 25, 2006; and (c) received from August 25, 2006 the parts equivalent to KRW 82,820,034 in total as stated in the separate sheet of crime from August 25, 2006.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F and G;

1. A H statement;

1. The police statement to I and J;

1. The police statement of K, L, and the police officer;

1. Statement of current status of liabilities for transfer and acquisition of customers, list of tax invoices by complainants, order sheet of parts and amount by the date of order, and monthly statement of transactions;

1. Copy of a certificate of authentication - purchase liabilities, details of notarized facilities and deposits, details of current assets, and account receivables;

1. A credit report or comprehensive credit report of a corporation;

1. An investigation report (verification of overdue information on a credit report);

1. A criminal investigation report ( M verification data out of suspect credit sales enterprises) - copy of the register, or copies of promissory notes;

1. An investigation report (verification of prices for unpaid parts of records of a separate case);

1. An investigation report (Attachment of details of account transactions in the name of the E);

1. An investigation report (report on the results of execution of a warrant of financial account);

1. Investigation Report (Attachment of Data on Details of Outstanding Amount of Transaction) - Application of Acts and subordinate statutes on the particulars of Outstanding Amount.

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