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(영문) 수원지방법원 안산지원 2013.08.14 2012고단2728
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant is a person who operated (State) D from around 2008 to January 2010.

The defendant, through the vice president E (F after the opening of the name) on September 2009, stated that "the defendant would pay KRW 12,542,400 on the face of the week when he/she assembled the parts of the (ju) mobile phone charging unit to the (ju) automated equipment at the office of the victim (ju) I operated by H located in G at the early Yan-si Office of the first instance."

However, in fact, the defendant was a bad credit holder who was operated by the company around May 2007, who was responsible for the debt amounting to 3 billion won due to the default of obligation or the debt amounting to 3 billion won due to the default of obligation. After that, although the company established the (ju)D, the situation was locked from the police officer in mid-2008 to the capital, and the employee's wages and taxes in arrears were pushed over 200 million won.

In addition, the defendant did not have property under his own name, and the market price was set at the real estate in his name, and there was no value, and the price received after delivery of finished products supplied by the victim to the customer to the customer is expected to be used as sealed wages and material costs, so there was no intention or ability to pay the cost for the processing to the victim properly.

Nevertheless, on October 31, 2009, the Defendant, by deceiving the victim as above, got D Co., Ltd. with the service of processing cell phone charging parts from the victim, obtained the pecuniary benefits equivalent to 12,542,400 won.

2. On April 7, 2010, the Defendant had the investigation of the three Masan Police Station and the economic2 team office conducted the interrogation of a criminal case that was accused of fraud from H on April 7, 2010.

At the time, it is difficult for the Defendant to be aware of the fact that he was assigned to another case, and the police officer belonging to the above police station notified J of the Defendant’s personal information, and let J prepare the suspect’s interrogation protocol by personal information of K, and sign K on the side of the statementer at the end of the protocol, and K’s signature.

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