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(영문) 서울중앙지방법원 2016.01.22 2015고단5878

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 24, 2015, the defendant was sentenced to imprisonment with labor for fraud at the Seoul Central District Court on September 24, 2015, and is currently in the appellate trial, and is currently in the Seoul District Court.

On May 201, the Defendant provided the Victim AJ, residing in Ulsan Metropolitan City on May 201, that “If the Defendant supplied food materials of KRW 10 million per month to AK restaurant located in Ulsan Metropolitan City, it would make payments after two months for the supply price of the monthly supply to the victim,” and received approximately KRW 69,085,337 from June 201 to March 201 from the victim to March 2012.

However, since 2010, the Defendant was in arrears with wages and retirement allowances paid to employees retired from the Defendant’s company, and the corporate tax in arrears with the National Tax Service in relation to the management of the Defendant’s company was in excess of KRW 250 million. From November 2008 to April 2010, the Defendant was liable for reimbursement of KRW 1.17 billion to the Korea Credit Guarantee Fund because it was difficult to receive a loan from a commercial bank with operating funds under the guarantee of the Korea Credit Guarantee Fund from November 2008 to April 201, and the Defendant did not receive a request for payment after being entrusted with the operation of the above restaurant from theO (the State) on May 1, 201, but it was impossible to receive the payment of rent from the Defendant’s company after being entrusted with the operation of the above restaurant from around August 2011, to receive the payment of rent from the Defendant’s company due to the lack of the victim’s intent to supply the materials at all other premises.

Ultimately, the Defendant deceivings the victim as above, and thereby, 69,085.