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(영문) 부산지방법원 동부지원 2019.01.24 2018고단40
사기등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant of “2018 Godan40” is a person operating a restaurant franchise.

On March 10, 2017, the Defendant made a false statement to the effect that “The Defendant would settle the payment without molding from the end of the month when the Plaintiff supplied the goods to the “B” restaurant in inland operation to the “B” restaurant,” which was in the operation of the victim D’s livestock industry in Busan Seo-gu, Busan.”

However, the Defendant did not pay KRW 200,000 to the preexisting business partners, but did not conceal the supply of the goods from the business partners and did not enter into a new credit transaction with the victim, and there was no particular property or hospitalization at the time, and there was no circumstance that the Defendant could not receive the restaurant sales due to the settlement of investment funds and the issuance of tax invoice with G, H, etc., which is the business partner, and therefore, there was no intention or ability to pay the amount of credit to the victim as agreed.

Accordingly, the Defendant: (a) by deceiving the victim as above and being supplied with the 4,304,528 won at the market price on the same day from the victim; and (b) from May 15, 2017 to May 15, 2017, the Defendant was provided with the 39,917,180 won at a total of 16 times from the victim D and the victim I, as shown in the attached Table 1, and acquired the pecuniary benefits equivalent to the said amount due to the Defendant’s failure to pay the price.

The Defendant is a person operating restaurant franchise in the name of “B”. The Defendant is a person operating a restaurant franchise.

On February 9, 2017, the Defendant made a false statement that “B” in the “B” located in the Busan High-gun, Busan High-gun, would make payment for KRW 5 million in advance or in cash each month by paying KRW 5 million on the face of the supply of a swine machine.”

However, it is true.

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