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(영문) 의정부지방법원 고양지원 2014.10.24 2014고단449

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a business operator of “G” that imports and sells computer peripheral devices, such as MP3 Scackers, located in Mapo-gu Seoul Metropolitan Government F, and is the representative director of “G” that imports and sells computer peripheral devices, such as MP3 Scackers in Yongsan-gu Seoul Metropolitan Government H and 509.

On December 2012, 2012, the Defendant stated that “The sales revenue of “G” operated by the Defendant to the victim D and the victim E shows the standard financial statements for the year 201, 1,603,535,424, which was 1,603,424, the Defendant established a corporation and expanded its business by importing and selling MP3 Skers. If the corporate foundation fund was invested in KRW 40,000,000,000, the victims were promoters, thereby importing and selling more peripheral devices, such as MP3 SP3 Skers, and the Defendant would pay dividends based on their equity ratio.”

However, the Defendant was in excess of the Defendant’s debt amounting to KRW 19,02,387 in total, including taxes, loans, and I in arrears with the said temporary default. The amount of sales in 2012 from “G” operated by the Defendant was reduced to KRW 453,473,718 in comparison with the year 2011. The amount of the deficit was continued due to the increase in sales and the payment of interest on the above debt, etc., and the state of failure to operate “G” was impossible due to the failure to pay taxes from July 25, 2012. As such, the Defendant did not have the ability to establish “G” G, which sells computer peripheral devices, such as the same MP3 SP3 Ski as “G,” and it was received from the victims to pay the Defendant’s existing debt, debt, etc. to the victims, and even if “G” funds were received from the victims, it was individually operated with “G” and “G,” as the profits of the victims.