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(영문) 서울중앙지방법원 2013.07.05 2013고단2494
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the actual manager of D Co., Ltd. (hereinafter “D”) established for the purpose of indoor design construction business, entered into a contract for interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior design contract in Eunpyeong-gu Seoul, Seoul, which was performed by Hyundai Construction Co., Ltd. (hereinafter “on-site construction”). From July 2010, the Defendant decided to supply interior materials from the Victim F Co., Ltd. (hereinafter “F”) and G (hereinafter “G”) to carry out the said interior construction business.

However, around June 201, the Defendant had a accumulated amount of KRW 1.2 billion, and there was an personal debt of KRW 1.3 billion, and there was an economic difficult situation, such as that the amount of goods supplied from the victims was up to KRW 310,410,00,00, and thus, there was no intention or ability to pay the amount after receiving the human materials from the victims.

1. On June 3, 2011, the Defendant: “Around June 11, 201, the victim FF’s representative (“FF would pay the price after two months if the test material is supplied”; the Defendant received the general f.424,00 won equivalent to the market price of H on the same day; the general f.213,800 won at the market price around June 7, 201; the general f.3,476,00 won at the market price around June 10, 201; the f.h., the f. amounting to 3,476,00 won at the market price; the general f.5,385,600 won at the market price around June 11, 201; and the general f.5,385,600 won at the market price around June 13, 201; the Defendant received the total f.888,500 won from each victim.

2. On June 8, 2011, the Defendant received the general unaccompanied amounting to KRW 6,415,200 on the same day from I, the general unaccompanied amounting to KRW 6,415,200 on the same day, around June 11, 201, and the general unaccompanied amounting to KRW 6,415,200 on the market price, from June 14, 201 to I, respectively.

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