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(영문) 수원지방법원 성남지원 2020.02.12 2019고단41

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

"2019 order 41" revised part of the facts charged.

1. The Defendant committed the crime against the Victim B is a person who was a real operator of the Food Materials Sales Company D and E E located in Gangnam-si, Gangnam-si, Gangnam-si.

Around December 2014, the Defendant, “Asan-si, an operator of the Victim B Co., Ltd., Ltd., Ltd., which was located in G, concluded that “I opened and operated D under the name of I. If food materials are supplied, the Defendant would pay the cost.”

However, even if the defendant is supplied with food materials from the victim, he did not have the intention or ability to pay the cost.

Around December 10, 2014, the Defendant, by deceiving the victim, received food materials equivalent to KRW 12,134,00 in total from the victim of food, etc., and obtained pecuniary benefits equivalent to KRW 263,69,300 in total from around 26 times to August 24, 2015, as stated in the “D supply” list in the attached Table 1, as well as from around 163,69,30 in the attached Table 1, the Defendant acquired pecuniary benefits equivalent to KRW 169,74,30 in total from around 26 times.

B. Around March 2015, the Defendant made a false statement to the above H stating that “F was opened and operated under the name of the denial, and if food materials are supplied, the payment will be made.”

However, even if the defendant is supplied with food materials from the victim, he did not have the intention or ability to pay the cost.

As such, the Defendant, as indicated in the “F Director supply” list in attached Table 1, including the Defendant, by deceiving the victim and being supplied 2.80,000 won in total from the victim on March 2, 2015, obtained pecuniary benefits equivalent to KRW 46,246,280 by receiving food materials equivalent to KRW 80,307,680 in total over 11 times from around that time to September 18, 2015, even if he received food materials equivalent to KRW 34,061,40 in total, from around 2015.

Accordingly, the defendant deceivings the victim to total of KRW 215,90,580.