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(영문) 대전지방법원 천안지원 2013.10.01 2013고단389

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On June 27, 2007, the Defendant was sentenced to one year and six months of imprisonment for a serious injury by the Daejeon High Court, and on November 28, 2008, provisionally released on December 13, 2008, and the parole period has expired;

1. The Plaintiff owned an amount equivalent to KRW 258,383,691 in total of 1,696 points, such as fishing price, within the said store, while operating the “E” fishing products store in Chungcheongnam-nam budget-gun. The Red Support Execution Officer of the Daejeon District Court attached items of KRW 1,696 points such as the above fishing price, etc. at the above store on September 10, 2009 based on the original copy of the decision to seize corporeal movables in the above court’s 2009No551 upon delegation of G’s execution by G creditors, and attached items of KRW 1,696 points such as the above fishing price, etc. at the above store on January 1, 2010, but the attachment was displayed on the said goods. The attachment was made by a public official with respect to other duties by arbitrarily relocating goods equivalent to KRW 258,383,691, etc.

2. Around April 2009, in the absence of economic capacity, around KRW 300 million, L, who borrowed approximately KRW 300 million from H, in order to start the business of opening the fish store, brought fishing products from customers and displayed them on credit from customers, and started the business. As above, in addition to KRW 300 million borrowed from H, there was no intent or ability to pay the price of the goods within the time limit as agreed with the victim, and the sales of the goods supplied from the victim and the payment of the price is considered to be used to pay the price of the goods within the time limit as agreed with the victim. However, on April 23, 2009, the victim first stated to the effect that “I would immediately pay the price of the goods supplied to him, if he supplies the goods, shall be paid the goods immediately,” and the victim first stated to the effect that “The goods supplied to him including KRW 78,578,7888,758,788,74,700 shall be paid from the victim.”