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(영문) 서울중앙지방법원 2015.06.05 2014고단2751
사기등
Text

Defendant

A Imprisonment with prison labor for three years, and for ten months, for each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A On March 13, 2009, the Seoul High Court sentenced two years to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on November 30, 2009, and was released from the place of origin of the Daejeon Correctional Institution on November 30, 2009, and the parole period expires on March 2, 2010. After the parole period expires, a livestock products wholesale retail business entity under the name of G, one’s own money, “K”, and “M” are operated in the name of “K”, “K”, and the Defendant B is a person engaged in livestock products distribution business.

1. The Defendants:

A. On January 18, 2012, Defendant B made a false statement to the effect that “Around January 18, 2014, Defendant B would sell the goods to the “K” in the Defendant’s operation, upon receiving a request from O to introduce an enterprise capable of selling the pigs from the victim P P Co., Ltd. office located in the Geumcheon-gu Seoul Metropolitan Government N, and that C would sell the goods to the “K” in the Defendant’s operation.

Accordingly, Defendant A was supplied with the victim company through Defendant B, around January 18, 2012, with air conditioners equivalent to KRW 21,130,196, and around February 6, 2013, at the above office located in Gangnam-gu Seoul, Gangnam-gu Q, and received delivery of KRW 23,178,342 by the said method.

However, Defendant A was liable to pay KRW 200,000,000,000,000,000,000,000 won, and was registered as a bad credit holder and operated limited liability company H, etc., Defendant B had no special property under his/her name. Defendant B was registered as a bad credit holder and was unable to register his/her business under his/her name. Thus, Defendants did not have the intent or ability to pay for the supply price even if they were supplied with livestock products from the victim company.

The Defendants conspired to induce and induce theO as above, and thereby deceiving the victim company to make a total sum of KRW 44,308,538,000,000 and KRW 32,308,538,000,000 and KRW 12.

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