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(영문) 서울중앙지방법원 2013.11.21 2013노2574

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the facts charged in the instant case is the representative of D (ju) who, from April 2008, engages in data base construction and system development business in Dobong-gu Seoul Metropolitan Government, operated the said company.

Around August 201, the Defendant had no property under the name of the Defendant, and the company’s property equal to approximately KRW 2,528,000,000,000,000,000,000,000 won or more, on the other hand, the Defendant’s management of the foregoing business, which paid considerable of KRW 300,000,000,000,000, was unable to pay the principal and interest of the above obligation and the monthly salary of the employees of the Defendant’s business, and the digital animal disease control business, which the Defendant had concluded a service contract with EE at the time of its operation, was conducted with the payment of advance payment on June 29, 201, and it was necessary for the parties to the contract to agree on the details of the contract without fulfilling some of the obligation to provide the service from around July 20, 201 to the end of the foregoing business, and thus, the Defendant was planned to enter into a new agreement with the Ministry of Public Administration and Security and Security Affairs at the same time as the Defendant’s.