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(영문) 대구지방법원 2017.01.12 2015고단3795 (1)
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

C The representative director of the company E with limited liability located in Daegu-gu, the defendant is the person in charge of the order and sale of the goods from the above company, and the F is the person in charge of the storage and delivery of the goods from the above company, and the payment for the goods.

The defendant C and C and F (hereinafter referred to as "the defendant et al.") received lectures from the victim G Co., Ltd. to supply them on credit and sold them at a price lower than the supplied price and conspired to acquire them by cash.

On February 2, 2014, the Defendant supplied real estate as security to the director of the Daegu-gu Office of Business of the Victim Company H on credit in the middle-gu, Daegu-gu, Daegu-gu. The Defendant would pay the accounts by the end of the month following the transaction day. The supply price of the auditoriums would be settled by the last day of the following month.

“.......”

Accordingly, around February 10, 2014, the Defendant, etc. purchased the I building 501 to 222,200 million won under the name of company E with limited liability, and provided the above real estate as collateral by establishing a maximum amount of 200 million won to the victim company as collateral on the 13th of the same month, and entered into a contract for goods supply with the victim company on the 19th of the same month.

However, the above real estate provided as security by the defendant et al. is equivalent to KRW 120 million if the collateral value is deducted from the senior rental deposit amounting to KRW 100 million, and the limited liability company E did not have been paid in from the beginning. The defendant et al. dumped at a price lower than the price supplied by the victim with the goods supplied by the victim and sold them at a price lower than that of the goods supplied by the victim, and partly repaid C's obligation and paid the sales proceeds in cash, and some of the defendants et al. thought to be used individually by the defendant et al., and there was no intention or ability to pay them normally within the agreed period even if the goods

Accordingly, the defendant et al. deceiving H.

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