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(영문) 의정부지방법원 고양지원 2016.03.25 2015고단2623

사기

Text

Defendant 1. Crimes No. 1. A fine of KRW 3,00,000, and a fine of KRW 1,000,000, respectively, for crimes No. 2.

Reasons

Punishment of the crime

On May 16, 2014, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution for the crime of bodily injury at the District Court, and the above judgment became final and conclusive on May 24, 2014.

【2015 order 2623】

1. The criminal defendant against the victim B is a person who operated a restaurant called “D” in Seo-gu, Seoyang-gu, Busan, Seoyang-si, and the victim B is a person who runs a retail business of livestock products called “(State) E”.

The Defendant around September 3, 2013 to F of the Department in charge of the supply of (State) E in the above D restaurant on September 3, 2013, “I will deliver the scrap flag and settle the total amount within five or seven (5) days of the following month on the face of the week.

The phrase “ makes a false statement.”

However, the Defendant previously traded

G The sales was suspended due to the failure to pay 24,641,635 won of the outstanding amount, and the amount of debts such as delinquent taxes and outstanding amounts was 22,300,000 won, and there was no intention or ability to pay the total amount of the price even if the restaurant is supplied from the damaged person due to the difficulties in the operation of the restaurant.

The Defendant, from September 3, 2013 to May 27, 2014, was supplied with livestock products equivalent to KRW 82,288,914 as shown in the annexed Table 1, from around September 3, 2013 to from May 27, 2014, and did not pay only KRW 43,370,960, and did not pay KRW 38,917,954.

【2015 order 3445】

2. On April 19, 2014, the Defendant against the victim H would pay the price at the end of each month to the victim H who engages in food material distribution business, such as collection stations and office offices, under the trade name of “I” in the D restaurant listed in paragraph (1) of this Article.

The phrase “ makes a false statement.”

However, due to continuous business depression, the Defendant has been in excess of KRW 223 million, such as taxes in arrears and outstanding amounts, and on April 17, 2014, the Incheon District Court did not have any intent or ability to pay the full amount of the purchase price even if he received the supply of food materials from the injured party because of the lack of financial standing to apply for personal rehabilitation to the Incheon District Court.

The defendant belongs to this.