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(영문) 대전지방법원 천안지원 2018.06.15 2017고단2677
사기
Text

Defendants shall be punished by imprisonment for six months.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a representative who operates Gwa Holdings located in the Asia-si F, and Defendant B is a partner who has operated the saidwa Holdings together.

On April 13, 2015, the Defendants made a false statement to the effect that, through H (i) an employee, the Defendants would pay the victim J (S) the price for the delivery of goods, such as banner and name cards, to be used in the operation of Gwa.

However, in fact, the Defendants’ management of the Holdings was unable to pay the employees’ wages due to the management of the deficit amounting to KRW 20 million per month, and it did not pay approximately KRW 3.6 billion of the price for the construction of the Holdings, and thus, the Defendants sought additional loans as security, but the Defendants did not receive each letter of waiver of the right of retention and did not proceed with additional loans, so there was no intention or ability to pay the said price even if they received the goods from the injured party.

Nevertheless, the Defendants were delivered from April 22, 2015 to September 7, 2015 goods equivalent to KRW 20,920,000 from the injured party.

Accordingly, the Defendants conspired to receive property from the injured party.

Summary of Evidence

1. The Defendants’ respective legal statements

1. In a part of each protocol concerning the interrogation of suspect against the Defendants

1. Each police statement made to J and H;

1. The case of consultation on a draft for the installation of a rooftop signboard advertisement advertisement room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room, private construction work standard contract contract contract, business report certificate, copy of G trading room registry [the defendants did not have a criminal intent at the time of deceptionation, the above evidence duly adopted and investigated by this court and the following circumstances that can be recognized thereby.

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