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(영문) 서울서부지방법원 2016.01.13 2014고단3502

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who operated a wholesale and retail business of the computer peripheral devices called "D" in Yongsan-gu Seoul Metropolitan Government 19, 313, the 19-dong 3, Yongsan-gu Seoul Metropolitan Government 3502.

Around October 2013, the Defendant stated that the victim E would pay the price every month when he delivers the Samsung C&M to the victim’s office.

However, in fact, the defendant had a debt amounting to 300 million won at the time, and even if the enemy continued to operate the company, he did not have the intent or ability to pay the price even if he received the delivery of Samsung C&P product from the injured party.

As such, the Defendant: (a) by deceiving the victim; (b) provided goods equivalent to KRW 701,338,002 from October 1, 2013 to May 29, 2014 from the damaged party; and (c) did not pay the price for the goods equivalent to KRW 299,187,264; and (d) acquired pecuniary benefits equivalent to the said amount.

The Defendant of Yongsan-gu Seoul Metropolitan Government 19 Dara 313, the 2015 Highest Group 1316 is a person who operated a wholesale and retail company of computer peripheral devices under the trade name of "D" in the 19 Dara 313, Yongsan-gu Seoul Metropolitan Government.

On May 2014, the Defendant would supply the goods to the victim G, who was an operator of the “F” Do retail company “F”, which was introduced by the Defendant at the foregoing D office, on credit, and pay the goods 15 days after the date of each week.

“A request was made to supply goods on credit” and to supply goods on credit.

However, at the time of the above D's operation, the Defendant had been at least KRW 740,00,000,000,000 for the debt incurred in the operation of the said D', and even if the company continues to operate the said company and is supplied to the injured party on credit, the Defendant had no intention or ability to pay the amount 15 days later.

Nevertheless, the defendant makes a false statement to the victim as he would pay the price of goods normally.