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(영문) 서울동부지방법원 2013.08.06 2012고단3004

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Criminal facts

On November 30, 2012, the Defendant was sentenced to the suspension of the execution of six months of imprisonment for fraud at the Seoul Eastern District Court on November 30, 2012, and the judgment became final and conclusive on December 8, 2012.

The Defendant is a person who runs a company E (hereinafter referred to as “E”) with the main purpose of golf-type wholesale and retail business.

When it is difficult for the Defendant to properly operate the F, such as the clothes payment, etc., of F Co., Ltd. (hereinafter “F”), which he/she was the representative director, to properly manage the F, such as being urged to repay debts of KRW 1 billion, the Defendant newly incorporated the F, and as long as there is no particular asset even though E was established on June 14, 2010, and as long as operating funds are not secured from the outside, it was difficult for the Defendant to pay the supply payment properly only by operating the E.

1. The Defendant’s false statement to the effect that, around July 12, 2010, the E office located in Songpa-gu Seoul Metropolitan Government is that even if he was supplied with the original team used to make Habs and poress, etc. from the victim D who actually operated H, the Defendant would not have any intent or ability to pay the price properly, and that, even if he was supplied with the original team, the Defendant would make the payment without a molding the original unit to the victim. On August 16, 2010, the Defendant stated the amount as KRW 249,294,60 in the indictment of KRW 285,225,300 as the total estimated cost amount to the victim around August 16, 2010, it is apparent that it was in accordance with the implementation note (381 pages of investigation records) as of August 16, 2010, but it is clear that it is KRW 285,225,300.

It is clear that it is a clerical error even in light of the amount of credit in a bond transfer contract or authentic deed prepared around that time.

Section B.

7.31.15 million won;

8.31.25 million won;

9. 30.4 million won, October 30. 8, 10.30 million won, November 30. 8, 11. 30. 80 million won, and December 45, 12.31. 45,225, and 300 won, each written statement of performance was prepared from the victim to be paid in installments, and its affiliation is equivalent to 304,55,200 won, as written in the list of crimes (1) from August 16, 201 to October 4, 201.