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(영문) 수원지방법원 안산지원 2019.06.26 2019고단1518
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 23, 2015, the Defendant was sentenced to one year and two months of imprisonment for a crime of fraud in the Daejeon District Court's Incheon Branch, and the judgment became final and conclusive on February 12, 2016. On June 1, 2016, the Daejeon District Court sentenced two years of imprisonment for a crime of violating the Punishment of Tax Evaders Act to six months and the judgment became final and conclusive on June 9, 2016. On November 16, 2016, the Daejeon District Court sentenced three years of imprisonment for a crime of fraud, etc. on March 23, 2017, and the judgment became final and conclusive on August 23, 2018.

The Defendant, who operates “C(D)” under the name of the food distributor B, committed as if the name was hidden, received various foods from food wholesalers as if they were B, received some of them only at the beginning of the transaction, and trusted as if they would pay a normal price in the future, and had a mind to acquire property benefits by a diving method without paying the remainder at a certain point after a certain point.

On December 19, 2012, the Defendant made a false statement to the effect that “If you send products, such as slomond slods, etc., to the victim F Co., Ltd., the Defendant would pay the price” to G working in the above D office located in Namyang-si E.

However, in fact, from around 2010, the Defendant issued a four arrest warrant as well as the four suspended indictments without paying food prices to others. A person with bad credit standing who did not register his/her business under his/her name and was engaged in food transactions by using a business registration certificate borrowed from many people, and was responsible for the liability of approximately KRW 464.67 million. In addition, since “D” was falsely endorsed and delivered to the victim, and there was no other property under the name of the Defendant, the Defendant shall pay the price properly even if he/she received goods from the victim.

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