logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.07.12 2015고단938
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant and C jointly operated D Co., Ltd. (hereinafter referred to as “D”) from May 2014 to May 201.

C On June 1, 2014, Hanam-si, Hahnam-si, through a customer at the D office located in E, and the representative director G of F, Kimchi Manufacturing Co., Ltd., the victim of Kimchi, who became aware of by the customer, will supply kimchi and settle the price five days after the end of each week.

“The Defendant, who was following the proposal, also supplied kimchi, committed as if he would supply kimchi and settle the price without interruption, and entered into a contract for supply of goods on June 13, 2014 between the above G division that consented to the offer.

However, the defendant et al.

D is a company with no business performance, and there was no other self-sufficiency in addition to the profit from the sale of kimchi supplied by the victim company, and there was a fact that he was voluntarily closed down as of May 30, 2014 from the tax office on the grounds of the issuance of a false tax invoice. Thus, even if the defendant supplied kimchi from the victim company, he did not have any intention or ability to pay the price normally.

Nevertheless, the Defendant et al. conspired to make a normal settlement of the price of the goods at the victim company and supplied the victim company with kimchi 4,100 Kg (market price equivalent to 6,150,000 won) at the above D office around June 13, 2014, from that time until July 4, 2014, the Defendant et al. supplied the victim company with kimchi 14,00 Kg (market price equivalent to 25,500,000 won) at a total of five times between July 4, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness G and C in the second public trial protocol;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution with regard to G;

1. The defendant asserts that he/she only lent the name of his/her representative to D and did not participate in fraud.

However, the delivery of kimchi to victims.

arrow