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(영문) 수원지방법원 평택지원 2014.11.14 2014고단582

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From April 14, 2009, the Defendant entered into an agency contract with the victim (E) in Pyeongtaek-si from around April 14, 2009, and operated the clothing sales agency that sells the goods supplied by the victims and their subcontractors. On September 14, 2012, the Defendant did not pay the credit purchase price of KRW 85,159,37 to the victims and their subcontractors.

1. Around September 17, 2012, the fraud Defendant stated that “The 85,159,377 won for purchase abroad shall be offset against the transfer of store deposit deposit 50,000,000 won and premium 40,000,000 won to the victim” to F employees of the victim E company, and that “The 85,159,377 won shall be offset against the transfer of store deposit 50,000 won and the premium 40,000,000 won shall be supplied to the victim, and the 10,000

However, in fact, the Defendant had already received KRW 20 million out of the above store rent from a lessor around 2009, and at the time, the Defendant had to pay KRW 8 million monthly interest per month in the amount of KRW 120 million, and the sales of the above store has been significantly decreased due to the economic depression, and there was no property of the Defendant, so there was no intention or ability to pay the price even after having been supplied with clothing on credit from the victim.

The Defendant was supplied with approximately KRW 4,386,200 from the victim until July 29, 2013, as well as 52,762,625 won in total from 15 cooperation companies of the victim and the victim, as indicated in the list of crimes in the attached Form, as well as from July 29, 2013.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. Around September 17, 2012, the Defendant transferred the above store rental deposit and premium claims to the victim E, as described in the preceding paragraph, at the “D” store. On October 21, 2013, the Defendant transferred the above store to G, and transferred it from G to the Defendant’s agricultural bank account in the Defendant’s wife H’s name as premium amounting to KRW 15 million.