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(영문) 인천지방법원 2019.06.14 2019고단1729
사기
Text

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

Reasons

Punishment of the crime

around February 23, 2017, the Defendant made a false statement that “The Defendant would pay the victim D the price for the delivery of machinery parts” at the C Office located in Seo-gu Incheon, Seo-gu, Incheon.

However, in fact, the defendant had accumulated a debt amounting to 1.5 billion won at the time, and had not already paid a 100 million amount to the victim due to the cumulative debt of several suppliers, and there was no intention or ability to pay the amount normally even if the defendant was supplied with the machinery parts from the victim.

As above, the Defendant, by deceiving the victim as above, was provided with machinery parts equivalent to KRW 104,50,00, including the language of the same day from the victim, and was provided with the machinery parts equivalent to KRW 37,268,770 from the above date to July 24, 2017, and was provided with the machinery parts equivalent to KRW 37,268,770, total sum from the above date to July 24, 2017.

around March 2017, the Defendant made a false statement that “The Defendant would pay the victim E the price for the delivery of machinery parts” at C office located in Seo-gu Incheon, Seo-gu, Incheon.

However, in fact, the defendant had accumulated a debt amounting to 1.5 billion won at the time, and because he failed to pay the loan interest, etc. to many supply companies, he did not have an intention or ability to pay the loan normally even if he was supplied with the machinery parts from the victim.

As above, the Defendant, by deceiving the victim and being provided with the machinery parts equivalent to KRW 4,615,00 around that time from the victim’s perspective, was provided with the machinery parts equivalent to KRW 77,765,00 in total eight times from the date and time to December 2, 2017, as shown in attached Table 2.

Summary of Evidence

"2019 Highest 1729"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation Report (Certification, etc. of C-Added Tax Base operated by a Suspect) 2019 Highest 2298.

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