beta
(영문) 의정부지방법원 고양지원 2016.06.10 2016고단861

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 11, 2010, the fraud Defendant made a false statement to the effect that “D office” in the Defendant’s operation “D” office in Jongno-gu Seoul Metropolitan Government, would make and sell clothes to the victim E by delivering the original unit, and make payments at the 15th and the last day of each month.”

However, from around 2007, the Defendant had no intention and ability to settle the price even if he was supplied with the original unit from the injured party due to the aggravation of business conditions, and there was almost no profit from around 2009, and there was no economic difficulty such as the use of bonds with high interest rate of 20% in around 2010.

The Defendant received from the injured party the 217,000 won of polyblam 62 cl. From around that time to September 18, 2012, the Defendant supplied the 50,945,500 won in total from the injured party, as indicated in the list of crimes, as well as from around that time to September 18, 2012.

Accordingly, the defendant was given property by deceiving the victim.

2. When the Defendant was unable to repay the transaction price to the victim as stated in paragraph (1), the Defendant: (a) filed an application with the Seoul Northern District Court for a payment order claiming the payment of the price of goods and the interest thereof; and (b) accordingly, the Defendant was served with the Seoul Northern District Court on June 20, 2013 on or around June 20, 2013.

Therefore, in order to escape compulsory execution, the Defendant concluded a contract with the lessor of the above lease agreement, and the lessee, at H on July 15, 2013, changing the name of the lessor of the said lease agreement into G with the lessee, with the intention of evading compulsory execution, thereby transferring the right to return the lease deposit to G.

Accordingly, the defendant transfers property to G by way of transferring the obligation to return the deposit money for the purpose of avoiding compulsory execution.