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(영문) 서울남부지방법원 2018.07.25 2017고단4009
사기등
Text

Defendant

A Imprisonment for two years, for six months, for six months, and for eight months, for each of the defendants C.

except that this shall not apply.

Reasons

Punishment of the crime

[criminal record] Defendant B was sentenced to ten months of imprisonment by the Incheon District Court on October 30, 2014, and was released from the Red Prison on July 30, 2015 during the execution of the sentence and the parole period was expired on August 28, 2015. Defendant C was sentenced to imprisonment with prison labor for perjury, etc. at the Seoul Southern District Court on December 14, 2017 and the said judgment became final and conclusive on February 23, 2018.

[Criminal facts] [2017 Highest 4009]

1. On July 6, 2016, Defendant A’s fraud against Defendant F Co., Ltd.: (a) the Defendant acquired H Mart in Yangcheon-gu Seoul from K and completed the registration of the business operator under the name of the so-called “the second president”; and (b) the Defendant actually operated the Mart.

Around July 18, 2016, the Defendant made a false statement to the effect that “The head of the business team of the victim F Co., Ltd. shall supply the products, such as theme flavoring, to which the payment is to be made by the end of the month” to the victim F Co., Ltd. J.

However, the Defendant did not have any particular property or income at the time of bad credit standing. The Defendant took over 325,000,000 won on credit from KR, and was liable for the obligation to pay KR with the acquisition price of 325,00,000 won, and the Defendant promised to pay KR the acquisition price of 50,000 won each month out of the credit card sales revenue earned from the operation in a fixed situation where the scale of sales in the future is uncertain, and there was no intention or ability to pay the price on the date of promise even if the Defendant received the goods from the victimized company, and there was no intention or ability to pay the price on the date of promise.

As such, the Defendant deceiving the J, an employee of the victimized Company, and through the J, is against the victimized Company.

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