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(영문) 대구지방법원 2015.02.12 2014고단3130
사기
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2014 Highest 3130" was the representative director of the Steel Wholesale Co., Ltd. in Daegu Jung-gu, 1002.

1. The Defendant was supplied with steel from the victim F, who was in office as a director, and the price was paid by transferring the credit sales claim held by the Bank of Korea D to the victim.

The credit sales bonds held by the Dispute Resolution D shall be paid the amount of credit to the national bank on the maturity date according to the contract between the Dispute Resolution D and the national bank, and the transferee of the bonds shall be able to receive the credit discounted from the national bank by discounting the above bonds to the national bank prior to the maturity date, or receive the amount of credit from the national bank on the maturity date of the bonds. If the Dispute Resolution D does not pay the amount of credit to the national bank on the maturity date of the bonds, the transferee of the bonds whose credit is discounted in advance shall return the discounted amount of credit already received to the national bank.

However, in fact, the defendant has a debt amounting to not less than 3.4 billion won, while the defendant did not escape from the state of deficit, so there was no intention or ability to pay the amount of credit to the national bank on the maturity date.

Nevertheless, the Defendant paid the amount of the above bonds to E by the maturity date and received steel from the victim as if the victim would be able to receive steel payment, and acquired the amount of steel equivalent to KRW 270 million at the market price from February 12, 2013 to July 1, 2013.

2. On July 2013, when the Defendant received steel supply from the victim F (ju) office in the above LAD office, the Defendant ordered steel as if he would settle the price.

However, in fact, the defendant has a liability of at least 3.4 billion won, and operating profits from the operation of the above company have not been relieved of deficit, so even if the defendant was supplied with steel from the victim, there was no intention or ability to pay the amount.

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