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(영문) 의정부지방법원 2018.11.14 2018고단64

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 5, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. in the Jung-gu District Court Goyang Branch, and on November 15, 2012, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the same court. On May 31, 2013, the Defendant was sentenced to two months of imprisonment for a crime of fraud at the Jung-gu District Court on May 31, 2013. The execution of the sentence was terminated on January 16, 2014

On January 11, 2018, the Defendant was sentenced to imprisonment with prison labor and six months at the District Court for fraud, etc., and the judgment became final and conclusive on January 19, 2018.

The defendant of "2018 Highest 64" is a person who operates a hearing and food materials selling company with the trade name of "C Mart" from the 1 and 2th floor of building B located in the Nam-gu Incheon Metropolitan City.

On October 2016, the Defendant stated that the Defendant would pay off the victim G at the Songpa-gu Seoul Metropolitan Government D market E heading office (State) office of Songpa-gu, Seoul, stating that the Defendant would supply the above company operator G with credit to the victim G.

However, in the past, the Defendant did not have any other active property in bad credit condition while operating Maart several times in the past. In order to operate the instant Mart, the Defendant acquired the “H” corporation and took over the obligation of KRW 70,000 to the land owner to pay for the amount of KRW 70,000,000 to the land owner. As such, it was difficult to raise funds to the extent that the payment of personnel expenses, goods purchase expenses, interest, etc. with the Mart profits is unable to continue to operate the Mart within the given period, even if he received the Maart from the damaged party, there was no intention or ability to pay

Defendant deceiving the victim as above and received audience worth KRW 515,00 from the injured party on November 5, 2016 from the injured party, and instead received audience worth KRW 26,79,000 from the above day to January 26, 2017 on a total of 44 occasions as stated in the attached crime sight table, and instead received audience worth KRW 26,79,000 from the above day to the day of January 26, 2017, the Defendant acquired property equivalent to the same amount.

The defendant of "2018 Highest 1575" is the trade name "C Mart" from the 1 and 2th floor of building B located in the Nam-gu Incheon Metropolitan City.