logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.12.21 2018고단627
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who manufactures and supplies clothes, and the victim B is a person who manufactures and processes and supplies clothing.

On July 8, 2016, the Defendant made a false statement to the Defendant’s office located in Jung-gu Seoul Metropolitan Government C building, stating that “The Defendant would make and process children’s clothing and deliver them to the designated Chinese company within 20 days if the victims would pay the price.”

However, in fact, the Defendant, at the time, entered the outstanding amount in KRW 500 million in the indictment and stated it as the obligation to pay the outstanding amount, but this is deemed as a clerical error of the outstanding amount, so the Defendant will correct it as above.

Since the business was thought to close down immediately, even if the business was paid from the delivery company, it was thought that the business was used for other costs, and there was no intention or ability to pay the price to the victim.

The defendant deceivings the victim as above and caused the victim to do so from July 8, 2016 to the same year.

8. From the date of February 21, 200, the Defendant did not pay the price for the goods of KRW 67,342,094 to the designated entity and did not acquire property profits equivalent to that amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement in D and B;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Date of shipment, and work instruction;

1. Details of storage of raw materials;

1. The list of Chinese currencies purchased;

1. A schedule of production;

1. A unit price list for the supplied goods;

1. A list of local distribution;

1. Details of the shipment invoice by Chinese date;

1. A list of the total amount of delivery;

1. Application of Acts and subordinate statutes on partnership with business affairs;

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. It is true that the defendant entered into a clothing supply contract between the defendant and his defense counsel and did not pay KRW 67,342,094 as the price charged.

arrow