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(영문) 수원지방법원 성남지원 2018.01.19 2017고단495 (1)
사기
Text

As to the crime No. 1 of the judgment of the defendant, a fine of KRW 5 million shall be imposed on the crime No. 2 of the judgment.

Reasons

Punishment of the crime

[criminal records] On January 20, 2017, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment due to fraud, etc. in support of the Sungnam branch of Suwon branch of Suwon branch of Korea on January 20, 201, and the judgment became final and conclusive on February 1, 2017.

[1] On March 2016, the Defendant concluded that “The Defendant would pay the price by the 15th day of the following month if the price of supply is paid from G,” in the victim E office located in Leecheon-si, Leecheon-si, the date of March 2016, the Defendant supplied F, the representative director of the said company, “F,” with the intention to supply “G,” and that “The price of supply is paid by the 15th day of the following month.”

However, the fact is that the food supply company operated from March 2015, which had been operated by the Defendant from the point of view, did not have an intention or ability to pay the price for other goods within the agreed time period, even if the goods were supplied by the damaged company, because the Defendant did not pay the price for other goods in excess of the previous supply price. In particular, the Defendant did not have an intention or ability to pay the price for other goods within the agreed time period, since the Defendant supplied Kim that was supplied by the victimized company to the company at a price lower than the supply price for the goods and received the price for other goods.

The Defendant, as such, by deceiving F, received from the victimized Company the supply of 130 stuffs equivalent to KRW 4,030,000 from the “Chon” around April 30, 2016, and then acquired the supply of 129,146,000 in total 26 times from July 27, 2016, as indicated in the attached list of crimes, the Defendant acquired the supply of 4,166 stuffs, which is the sum of KRW 129,146,00 in total.

2. Each Defendant is a person who operates a “I” company located in Gwangju City H, and supplies food materials to school meal service companies, etc.

On March 21, 2017, around 12:33, the Defendant sent the Defendant’s name by mobile phone text and the Defendant’s business registration certificate to the Victim L, operating “K” under the 1st floor A106 underground floor of Songpa-gu Seoul J building, Songpa-gu, Seoul.

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