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Reasons
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(영문) 수원지방법원 2015.11.27 2015고합562
특정경제범죄가중처벌등에관한법률위반(사기)
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is the representative of the D Co., Ltd. who manufactures and sells semiconductor equipment in C when it is commercialized.

On March 28, 2011, the Defendant concluded a contract for the supply of parts for semiconductor-production machinery with the representative F of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”) at the above company office, and concluded a false statement with F that “F would pay the price for the above part to the victim company immediately after additionally assembling parts in our company and supplying them to G as a partner company after receiving payment from G.”

However, in fact, the Defendant had no particular property at the time, and was liable for a large amount of debt when transferring the company from the standpoint of the company to the G, as well as had no intent or ability to pay the price properly even if the Defendant was supplied by the victim company, because the Defendant was in the situation of maintaining the transaction with G in order to maintain the customer at the time of supplying the product to the cooperation company, which is the cooperation company, with the wind that cost higher than anticipated costs for additional assembly of parts.

The Defendant supplied the victim company with the above temporary closure amounting to KRW 264,00,000, and paid KRW 144,000,000, which is part of the price, and did not pay KRW 120,000,000, from that time to January 31, 2013, the Defendant acquired property interest of KRW 654,190,000, which is equivalent to KRW 1,576,190,00 on six occasions, as shown in the list of crimes in attached Table, and did not pay KRW 654,190,00 among the price, and did not pay KRW 654,190,00.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement of each police statement concerning F;

1. A complaint (a supply contract, an order, and an electronic tax invoice);

1. Determination as to each account transaction statement, customer director, defendant, and defense counsel's assertion

1. The summary of the argument is that of the victim company.

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