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(영문) 서울중앙지방법원 2014.04.25 2013고단8189

사기

Text

The defendant shall be innocent.

Reasons

The defendant of a factory laboratory in Gangnam-gu Seoul Metropolitan Government is a person who operates a "D" which is a publishing company of promotional materials on the first floor of the building in Gangnam-gu.

Around January 18, 2013, the Defendant made a false statement to the victim’s “G” office in Jung-gu Seoul Metropolitan Government’s Jung-gu, stating that “The Defendant would make a payment of the printing price to the victim within two to three months on the face of the week by producing and supplying printed materials of the Korea Development Institute.”

However, the Defendant, at the time, did not pay the printing price to other printing companies, such as H, I, etc., and was equivalent to KRW 70,000,000,000 for business outstanding amount, and the employee’s benefits were not paid properly, and there was no intent or ability to pay the price even if the Defendant requested the victim to publish printed materials and was supplied with printed materials.

The Defendant, by deceiving the victim as above, was supplied with printed materials from the Korea Development Institute equivalent to the market value of KRW 3,435,300.

From that time until May 15, 2013, the Defendant received a total of 26,974,310 won of the market price by the following means, as shown in the annexed crime list, from that time until May 15, 2013.

Accordingly, the defendant was given property by deceiving the victim.

According to the investigation agency and court’s statement, sales account, copy of passbook, etc. of the victim on the market: (a) the Defendant requested the victim to supply printed materials as stated in the facts charged and provided the victim with printed materials equivalent to KRW 26,974,310 in total on 13 occasions from January 18, 2013 to May 15, 2013; and (b) did not pay KRW 21,539,010 among them; (c) the Defendant was unable to pay printed materials to other printing companies, such as “H” and “I,” etc. at the time of the receipt of such printed materials as above, there was a considerable amount of KRW 70 million due to the outstanding amount of business, and it was recognized that the Defendant was delinquent in national taxes, etc.; and (d) the Defendant voluntarily paid the printed materials to the investigative agency as at the time of the receipt of the printed materials