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(영문) 서울북부지방법원 2018.05.16 2017고단5125
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around April 15, 2016, the Defendant made a false statement to the effect that, “E” office operated by the victim D in Dongdaemun-gu Seoul Metropolitan Government, “If the Defendant borrowed KRW 20 million from the rent to transfer the shop operated by the Plaintiff, the Defendant would repay the Plaintiff without molding until August 30, 2016.”

However, since there was no plan to transfer the “F” of the clothing store operated at the time, even if the Defendant borrowed money from the injured party, it was thought that it would not have been used as the leased cost and would not be used as the payment of the closed card price. At the time, the Defendant had no intention or ability to pay the money up to August 30, 2016, since the Defendant had been liable to the existing business parties, such as “G” in operating the said store and had reached approximately KRW 250,000,000,000.

Nevertheless, the defendant deceivings the victim as above and acquired the money of KRW 20 million from the victim to the corporate bank account (Account Number H) in the name of the defendant as the expenses of director.

2. From November 29, 2014, the Defendant: (a) from around November 29, 2014, the Defendant supplied the victim with subsidiary materials for the clothes and sold them with the completed clothes after having requested the Defendant to supply them; (b) on March 2016, the unpaid fee processing fees for the victim amounting to approximately KRW 10 million; (c) although there was no intent or ability to pay the price for the clothes, the Defendant had the victim change the transaction method and made the victim purchase all subsidiary materials for the clothing and then acquired them by using the clothes.

Accordingly, on March 17, 2016, the Defendant, at the above “E” office around March 17, 2016, purchased and processed subsidiary materials, such as room and drilling, which is difficult to operate at the present time, and made a clothing by purchasing them directly, sold the clothing, and then sold the clothing, and as well as the above clothing amount of KRW 10 million unpaid rental fees.

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