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(영문) 의정부지방법원 2016.07.01 2016노733
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

(b) even if the goods are supplied by the business partners such as the victim G Co., Ltd. due to sudden decline in sales, they were in the absence of intention or ability to properly settle the proceeds;

1. On October 2014, the Defendant supplied goods to the representative director H of the Victim G Co., Ltd. (hereinafter “victim G”) at the F office around October 2014, the Defendant made a false statement as if he would immediately pay the face value.

However, as above, F had no intention or ability to pay the price in time even if it receives the goods because it has already been faced with serious business difficulties due to sales depression and excessive liabilities, etc. in October 2014.

Nevertheless, the defendant's above deceiving the victim G as above, and the defendant's application for permission of changes in indictment from the victim G on October 31, 2014 is written as around October 31, 2015, but it seems that it is a clerical error.

Eth “T” worth KRW 51,464,757 of the current market price (SPE-W150A, etc. *150A) and “lance level level” equivalent to KRW 25,042,963 of the market price, as well as the application for permission for changes in indictment on November 4, 2014, is written as “lance level” on November 4, 2015, but it seems to be erroneous.

A total of KRW 88,605,219 won was supplied with “Tye” equivalent to KRW 4,171,559, and KRW 7,925,940.

2. On September 2014, the Defendant supplied goods to the J representative director of the Victim I Co., Ltd. (hereinafter “victim I”) at the F Office around September 2014, the Defendant made a false statement as if he would immediately pay the face value.

However, the F has no intention or ability to pay the price in time even if the F is supplied with the goods due to serious managerial difficulties for the same reason as the preceding paragraph.

Nevertheless, the defendant deceivings the victim I as above, and thereby deceivings the victim I on October 1, 2014, two rubber contactors equivalent to KRW 6,273,102 at the market price around October 1, 2014.

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