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(영문) 의정부지방법원 고양지원 2014.11.27 2013고단2330
사기등
Text

1. Defendant A

A. The defendant shall be punished by imprisonment with prison labor for not less than six months (the first time crime) and imprisonment with prison labor for not more than three years.

Reasons

Criminal facts

Defendant

A On May 14, 2009, the High Government District Court was sentenced to a suspended sentence of ten months for a crime of fraud, and on May 22, 2009, the said judgment became final and conclusive on May 22, 2009.

1. Case 2013 Godan2330: Defendants

A. Defendant B is only called “G” for convenience after “Co. G”.

(A) The representative director of the company (a company that manufactures and sells paper packagings, PVC files, etc.) and the defendant A is the former director of the company.

On October 10, 2007, the Defendants stated that “The victim H (a person who manufactured and operated a machine) shall pay KRW 30,500,000,000 for the supply of container lives machine (value of KRW 11,00,00,000), f4 machinery (value of KRW 9,50,000), and Gabs (value of KRW 10,000,00) as the policy fund is received.”

However, at the time of fact, G did not pay 8,138,240 won for goods to N around February 2007, G did not pay 7,095,00 won for goods to Q on July 24, 2007, and 7,095,00 won for goods to workers T, U,V, etc. from around August 2007 without paying 41,374,580 won for total wages to workers T, U, and V on or around June 8, 2007.

The Defendants did not have the intent or ability to pay the full amount of the price to the victim even if the above machinery was supplied by the victim because they had tried to raise funds necessary for creating newspapers and scholarship foundations separately.

Nevertheless, the Defendants conspired with the victim and provided the above machinery around November 10, 2007 by deceiving the victim, and did not pay 1 million won out of the supply price, and did not pay 29.5 million won. As such, the Defendants acquired property benefits equivalent to 29.5 million won.

B. Defendant A 1.

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