(영문) 의정부지방법원 2014.05.13 2013고단2992

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Reasons

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자간(%)

(영문) 의정부지방법원 2014.05.13 2013고단2992

사기

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A defendant shall be punished by imprisonment for six months.

However, 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, from around October 2001, operated the clothing sales chain G (State) at the office located in the Geumcheon-gu Seoul Metropolitan Government Office No. 404 Dong 405, the Defendant suffered business difficulties from around October 2008, and reached only 1.9 billion won for the transaction amount unpaid to the clothing processing company since around October 2010, and the deficit was accumulated due to continuous sales, so even if the Defendant requested the victim E who is operating the clothing processing company to provide the processed clothing, he did not have any intent or ability to pay the full amount of the contract price in time even if he was provided with the processed clothing by requesting the clothing processing to the victim E who is operating the clothing processing company.

Nevertheless, on October 11, 2010, the Defendant, through H, processed the instant G office’s 147 punishment, and paid in full the amount of KRW 5,145,00,00 from the date of supply to the victim within 2 months from the date of supply. In short, the Defendant received KRW 5,145,00,00 from the victim’s 294 punishment, even though he/she was provided by the victim, he/she was unable to pay in time the amount of KRW 5,145,00,00 for the processing of the 112,890,000, from that time to August 11, 2011.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made by witnesses E in the third protocol of the trial;

1. Statement made by a witness H in the fourth trial record;

1. Each protocol concerning the examination of the accused by the prosecution (including the E and H respective statements);

1. A protocol concerning the police interrogation of the accused (including E statements);

1. Statement of the police statement of E;

1. The letter of confirmation of clothing processing bonds, the K Trading Status, manufacturing instruction and issuance certificate, the statement of transactions with K of the K of the Dispute Resolution Co., Ltd., the details of unpaid transaction prices of the K of the Dispute Resolution Co., Ltd., the documents sent by the K of the Dispute Resolution Co., Ltd., the K Trading Status, the request for purchase, and the Acts and subordinate statutes concerning

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