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(영문) 의정부지방법원 2014.05.14 2013고단1814
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In managing C Company, the Defendant traded in a manner that, from March 2011, the victim E who operated D Company from around March 201, was supplied with EPS raw materials, which are SPS raw materials, and manufactured and sold SPS raw materials, within the limit of KRW 150 million of the credit sales per month, the price of raw materials was paid by the end of the following month.

Since from May to June, 2012, the Defendant had rarely ceased to sell the Defendant’s company, the Defendant was unable to pay KRW 268,614,80 to the Defendant on August 2012, 201 and was unable to be supplied with raw materials to the Defendant.

The Defendant had no intention or ability to pay the price of a raw material even after the issuance of an additional promissory note, because the sum of face value of a promissory note already issued reaches KRW 70 million or the price of a raw material that has not been paid reaches KRW 300 million.

On August 31, 2012, the Defendant paid two copies of Promissory Notes (J and K) with a face value of KRW 100,000,000,000,000, whichever is to issue promissory notes to pay KRW 200,000,000 to the Plaintiff at the Snnam Square located in the Hannam City F. The Defendant made a false statement to the effect that “The Defendant would receive and pay the security deposit received from the revenue by entering into a lease agreement, as the purchase price for the raw materials is KRW 80,00,00,000,00,000,000,00 won.”

The Defendant received 70950,000 won from the victim from September 1, 2012 to the 4th day of the same month from the victim and acquired it by deceit.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. Each police investigation report (with respect to the current status of suspect's property, attaching a written approval for completion of H lending and confirming the price of unpaid raw materials);

1. Terms and conditions of transactions, L sales contracts, borrowed certificates, copies of promissory notes, D transaction details, written agreements, L.

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