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(영문) 서울북부지방법원 2014.07.24 2013고단2531

사기등

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 of Yongsan-gu, Seoul from around 1998 to January 2005, the defendant operated (ju) D for the purpose of the wholesale and retail business of computers from around 1998 to March 1, 2005.

On January 21, 2005, the Defendant made a false statement to the effect that “The Defendant would pay 2.30,000 won per month from March 2005 to February 2, 2006, each 12-month installments for the 25.6 million won of loans.”

However, the defendant was liable for the total amount of 50 million won or more at the time, and the defendant's company continued to pay KRW 10 million or KRW 20 million every month, and the defendant's company also sold and planned to pay his personal debt with the proceeds of the sale, and thus, the defendant did not have any intent or ability to repay the loan even if he received the loan from the victim company.

As above, the Defendant, by deceiving the victim company, had the victim company pay KRW 25.6 million in the payment of the purchase price of the Bosch Rexton vehicle, and failed to pay it, thereby taking property benefits equivalent to the same amount.

The Defendant is a person who, from May 19, 2003 to June 30, 2005, served as the representative director of the F Co., Ltd. (F: G; hereinafter referred to as “F”) under 1201 of Yangcheon-gu Seoul Metropolitan Government E-building No. 1201, and operated the said company.

1. Around January 26, 2004, the Defendant issued a copy of a tax invoice to the effect that the Defendant supplied goods or services equivalent to KRW 30 million to the employees of the office without supplying goods or services.

2. The defendant around February 28, 2004, at the above office, and even if he did not supply goods or services, 17 million won shall be the employees of IndianM.