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(영문) 의정부지방법원 고양지원 2016.05.27 2016고단356
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person who actually runs C Co., Ltd. (hereinafter referred to as “instant company”) located in Seoyang-gu, Seoyang-gu, Seoyang-si.

1. The Defendant, on November 14, 2013, produced and supplied 10,00 goods and transport charges to E, a trade agent of the victim Co., Ltd., in advance, who wired USD 17,200 in advance to E, a trade agent of the victim Co., Ltd. on November 14, 2013.

The phrase “ makes a false statement.”

However, in fact, the company of this case continued to pay the existing price to the producing company located in the original source due to the occurrence of the enemy around 2013, and due to this, the company cannot be supplied with the original material from the above producing company, and there was no intention or ability to deliver the above product as agreed upon even if it receives the price for the goods.

As above, the Defendant, by deceiving the victim company, received US$ 5,160 from the victim company on November 20, 2013, the sum of US$ 12,040 (Korean currency conversion KRW 12,626,348) on January 13, 2014, and acquired US$ 17,200 (Korean currency conversion KRW 18,056,216) from the victim company.

2. On November 25, 2013, the Defendant embezzled 3,440 US dollars (3,633,328 US dollars) that was remitted by the victim company to an enterprise bank account under the name of the instant company on the part of the victim company on November 25, 2013, and embezzled 3,600,000 won to the national bank account under the name of the instant company on the same day, and then arbitrarily used 473,102 won for the card price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police in relation to F and G;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes on filing of a complaint (including accompanying documents referred to in subparagraphs 2 through 21 of the evidence), account details;

1. Relevant Article 347(1) of the Criminal Act and Article 355(1) of the Criminal Act (the point of fraud) concerning criminal facts (the embezzlement).

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