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(영문) 인천지방법원 2017.02.16 2016고단5177

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant pays 300 million won to the applicant by fraud.

Reasons

Punishment of the crime

Defendant

A is a person who was released on August 14, 2015 and for whom the remaining term of imprisonment has expired on December 13, 2015 while having been sentenced to two years of imprisonment for fraud, etc. at the Incheon District Court on August 28, 2014, and actually operates the F Co., Ltd. (hereinafter referred to as “new corporation”).

When the victim E (F stock companies, representative director A, and hereinafter “former F”) who had established H and intended to operate a ginseng business knew that it was the company in the past in which it was the insolvent in the past, the Defendant concluded a ginseng product supply contract by notifying the court of the fact that it is impossible to use funds without the court’s permission, and received money as the price for goods, and received money as the price for goods.

On October 21, 2015, the Defendant was informed of the reputation at H office located in Incheon Strengthening Group I, Inc., Ltd.

J throughout the 20th session of the Incheon District Court 2015, it is the representative director of the FF corporation.

F is not able to use money only with the permission of the corporation by applying for rehabilitation at present.

The ginseng products will be supplied within 30 million won as the price for the goods and the ginseng products will be produced and supplied without a mold by December 5, 2015, which is the first day of H, at the latest, until December 30, 2015.

“A false statement was made to the effect that it was “.”

However, even if the Defendant received KRW 300 million from the victim of ginseng product price, the Defendant did not intend to supply the ginseng product requested by the victim within 30 days, as well as the Defendant did not intend to deliver the ginseng product even until December 5, 2015, which was the first day of H.

Nevertheless, the defendant deceivings the victim as above, and is the old F. as the price for the supply of ginseng products on October 22, 2015 from the victim.