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(영문) 서울서부지방법원 2014.10.01 2014고단1558
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Records】 On May 16, 2014, the Defendant was sentenced to one year’s imprisonment for a crime of fraud at the Seoul Western District Court, which became final and conclusive on June 23, 2014.

The Defendant operated the iron-processing Company with the trade name “D” from September 2010 to September 2012, 2012 in the Namyang-si, Gyeonggi-do.

From February 8, 2011, the Defendant began to be supplied with steel plates raw materials from “F” of the supplier of steel plates operated by the victim E, and until February 2012, the Defendant was supplied with small amount of steel plates and maintained the transaction by cash settlement immediately.

On the other hand, around May 201, the Defendant requested supply of approximately 400 million won for the Army Citor box to “G” and paid 400 million won as advance payment, but the above “G” suffered losses of 400 million won due to bankruptcy, and the company’s management has rapidly deteriorated since the second half of 2011. On October 2011, the Defendant entered into a contract for supply of air Force Citor with the Defense Acquisition Program Administration to receive approximately 600 million advance payments of about 50 million won for the total price from the Defense Acquisition Program Administration and supplied the said Defense Acquisition Program Administration with an object of KRW 30 million. However, upon entering into the above supply contract, the Defendant had to take charge of the manufacturing of the total quantity of supply at least 35% to 40% of the total quantity of supply around February 2, 2012 at the time of completing the production of the related goods and supply them to the said Defense Acquisition Program.

When the Defendant came to know the fact that he can receive raw materials from the above “F” on the condition that he will postpone the payment of raw materials in the iron market from four to five months, he would be supplied with the raw materials without notifying the victim of the management status of the said Defendant company.

The defendant around February 2012, to the victim E, the representative of F, "F", "Administrator of the Defense Acquisition Program Administration".

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