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(영문) 대구지방법원 서부지원 2016.02.25 2015고단1858
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is a person who operated C from June 2012 to November 2014.

1. On April 2014, the Defendant received orders from the victim via C’s employees G of the F Office operated by the victim E, for cable reception from Korean power.

If cable be produced, the price will be paid within five days as the price for supply in Korean power is received.

Korea Electric Power said to the effect that “it does not have any problem in receiving the price as a public corporation.”

However, in fact, the Defendant already assumed the obligation to pay the price for the goods exceeding KRW 50 million, so even if he received the goods from the injured party and delivered them to the Korean electricity, the Defendant did not have any intention or ability to pay the price.

As such, the Defendant, by deceiving the victim, obtained a total amount equivalent to KRW 1,689,70 on June 19, 2014, equivalent to KRW 11,962,80 on June 24, 2014, equivalent to KRW 2,729,100 on June 27, 2014, equivalent to KRW 27.27,729,100 on June 28, 2014, equivalent to KRW 217,60 on June 28, 2014, equivalent to KRW 10,511,100 on July 3, 2014, and KRW 5,54,00 on over KRW 13 million on July 13, 2014, such as receiving cable beds from the victim.

2. On August 19, 2014, the Defendant would pay the Pipe and poppy to the vice president of the victim I Co., Ltd. who is located in Daegu North-gu, Daegu-gu, Seoul-gu, and the vice president of the victim I Co., Ltd. in the office of the victim I Co., Ltd. to receive money from Korean power.

To secure payment, it is expected to set up a pledge on the article-price claim against Korean power.

“The phrase “ was false.”

However, the Defendant had already transferred a claim for the price of goods with respect to Korean power to an enterprise bank on April 3, 2014. Therefore, the Defendant did not have the intent or ability to set up a valid pledge against the victim company, and even if the Defendant was supplied with pipes from the victim company in excess of the obligation, the Defendant’s intent or ability to pay the price.

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