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(영문) 대구지방법원서부지원 2020.11.04 2019고단2998
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2019 Highest 2998" is a person who operates C in Daegu-gun B.

On May 2018, the Defendant stated that “The Defendant would pay steel products in cash to the victim at the end of the following month if he/she delivered steel products” at the F Office operated by the victim E in Daegu-gun E.

However, in fact, the Defendant had an obligation to pay more than KRW 100 million at the time, and the rent is not paid at time, and the employees did not have an intention or ability to pay the price by the due date even if the Defendant was supplied with steel materials from the victim due to the smuggling of the wages.

As above, the Defendant, by deceiving the victim as above, was supplied with steel materials equivalent to KRW 59,292,355 from the victim around 31th of the same month, and the same year.

6. Around 29.29. Around 14,856,523 won of steel were supplied with steel and then acquired them by deceit.

[200 Highest 570] The Defendant is a person who has operated a manufacturing company under the trade name of (State)C in Daegu-guned Zone B.

On January 2017, the Defendant made a false statement that he would pay the price of the goods within a day from the day to the day by making contact with the victim G and by supplying the cut to the (ju)C.

However, at the time of the fact that the Defendant had been running in around 2013, the Defendant was in default of the business, and there was no need to pay the payment to the victim because the financial situation was not smooth from that time, and there was a situation in which the outstanding amount for the settlement is considerable, and thus, the Defendant could not pay the payment to the other transaction parties. The liability of the said corporation is not good for the circumstances of the company, such as the monthly wage of KRW 150 million. The Defendant filed an application for personal rehabilitation with the bad credit standing in 2015, and thus, the Defendant did not have any intent or ability to pay the payment even if it was provided with the cut goods by the victim.

Ultimately, the Defendant is the victim as above.

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