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(영문) 부산지방법원 2015.02.09 2014고단4015
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Fraudulent Defendant is a person entrusted with a waste restaurant under the trade name, “Cevere,” which is a “Cevere,” in Busan Seo-gu.

On February 1, 2012, the Defendant made a false statement to the victim D, who is a food supplier, at the above CF restaurant, that “The Defendant would supply food materials and make payments at the end of each month without any intention.”

However, in fact, after becoming a bad credit holder due to a business failure in around 1999, the Defendant was entrusted with the capital or facility costs without investing in the capital or facility costs from around October 2010 to the management of the said CF, with a accumulated amount of at least three million won per month, and reached a petition for bankruptcy in the court around 2011, and the amount of the total amount of the total amount of the goods not paid to other business partners exceeded KRW 90 million. The Defendant did not have any intention or ability to pay the normal amount at the end of each month, as agreed, even if he did not receive food materials from the victim due to the lack of any other property or income.

As such, the Defendant received food materials equivalent to KRW 18,752,270, total sum of 24 times from February 1, 2012 to June 22, 2012, as indicated in the attached Table of Crimes, from the victim, by deceiving the victim as such, and thereby, received from the victim.

2. As stated in paragraph (1), the Defendant, who is a food materials supplier, received food materials as above from D while running a C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C-C

On February 2, 2013, the defendant who borrowed the defendant's mother F in Busan Northern-gu E and registered the business operator shall be a G restaurant operated by the defendant.

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