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(영문) 서울동부지방법원 2015.04.16 2014고단2343

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 30, 2012, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Eastern District Court on November 30, 201, and the judgment became final and conclusive on December 8, 2012.

The Defendant is the actual operator of the “Co. D” (hereinafter only referred to as “D”), the victim E is a person who engages in the wholesale and retail business of clothing in the trade name of “G” under the Yangcheon-gu Seoul Metropolitan Government F 202, and the victim H is a person who engages in the wholesale and retail business of clothes under the trade name of “J” from Y in YY-gu, Yongcheon-gu, Busan.

On March 10, 2010, while the Defendant operated K with the main purpose of golf-type retail business, the Defendant was unable to properly operate K with the obligation of the above K's clothing payment amounting to approximately KRW 1 billion by being urged to repay the debt, etc., and on June 14, 2010, the Defendant newly established L Company on June 14, 2010, while trading in the name of L with no particular property, the Defendant was unable to pay the amount of KRW 304,55,200 from August 16, 2010 to October 4, 2010, even if it was supplied with the original amount of KRW 304,55,200 from the victims to the victims, it was difficult to pay the amount properly.

1. On April 3, 2012, the Defendant made a false statement to the victim E through M, which is a director of production management of the said company, at the D office located in Chungcheongnam-si, Namnam-si, that “The Defendant supplied the original group to the victim E by dividing it by 50% on the day of delivery, by 50% on the day of delivery, and by 50% after 15 days, and that the existing price of supply will be paid.”

However, the defendant did not have the intention or ability to pay the price even if he was supplied with the original team by the victim.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received from the victim a delivery of clothing 38,427,00 won in total from April 3, 2012 to May 7, 2012.

2. On April 10, 2012, the criminal defendant against the victim H via the above M at the above D office.