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(영문) 의정부지방법원 고양지원 2017.06.16 2017고단849
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 3, 2015, the Defendant made a false statement to the effect that “If the Defendant manufactured and supplied the CTPP printing board to the actual operator of the Victim D Co., Ltd., the Defendant would pay the price at once at the end of the following month.”

However, at the time of fact, the Defendant was unable to pay the amount of KRW 50 million borrowed from F around 2008, and KRW 50 million borrowed from G around 2015, while there was no particular property.

In addition, there was a debt amounting to approximately KRW 50 million, and there was almost no income in the operation of the above C, and there was a situation in which an amount equivalent to KRW 51 million per month by paying wages and equipment, etc. among the employees, and around October 2015, the total amount of wages of the retired employees was not paid for KRW 4,026,00,000 from April 201 to October 2015. In addition, there was no payment equivalent to KRW 89,70,000 for the personnel expenses of the daily workers who were supplied by the labor worker's lawsuit from around April 2015 to October 2015.

Moreover, the Defendant was supplied with a printing board before trading with the victim.

H as there are remaining a debt equivalent to approximately two million won, there was no intention or ability to pay the price normally even if the printing board is supplied from the injured party.

The Defendant, by deceiving E as such, received 145 books in total amounting to KRW 957,00 from E to November 3, 2015, including the supply of KRW 957,00, the sum of the market values of KRW 145,00, from E, and obtained the supply of goods equivalent to KRW 11,33,300, in total, 17 times from around that time to December 7, 2015, as described in the list of crimes in the attached Table.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to detailed statements of transactions and electronic tax invoices, detailed statements of transactions, contract for transfer of bonds, text of judgment, summary order, and copy of decision on provisional seizure of bonds;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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