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(영문) 광주지방법원 목포지원 2012.09.24 2012고단538
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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

The Defendant is a person who operates (NDD) in Yong-Namnam District C, E is a steel wholesale retail company in Chungcheongnam-nam Budget Group F, H is a person who operates the J (ju), which is a steel distributor of the first building 101 in the wife population in Young-si, and K is a person who is in charge of operations in J (State).

(N)In order for the Defendant to supply steel products to Young-gun L (U.S.), around the first half of December 2010, the Defendant requested K and H through E to supply steel products, and H to the Defendant through K and E on December 15, 2010, around December 15, 2010.

Accordingly, on December 17, 2010, J supplied the first product among the steel products ordered by L(S) which is the supplier of L(S)D. On the same day, the Defendant stated that K would pay the goods directly to J(S) when the supply of steel products is completed.

However, in fact, even if the Defendant was supplied with steel products by J, he did not intend to pay for the goods directly to J. However, the Defendant was thought to transfer the above goods payment obligation to E by borrowing a loan claim amounting to approximately KRW 600 million from the intermediate intermediary transaction to E.

As above, the Defendant deceiving K and H and caused the victim J to supply them to L with steel products worth KRW 64,227,90 in total on December 17, 2010.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, K, and E;

1. Application of Acts and subordinate statutes to tax invoices (13 pages of investigation records), transaction specifications, receipt certificates, and investigation reports (M telephone statement hearing);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

2. Article 62(1) of the Criminal Act of the suspended execution [30 million won out of the proceeds of goods from December 24, 2010 to December 28, 201, shall be determined by K directly through K (the payment to K), and thereafter.

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