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(영문) 서울서부지방법원 2018.01.19 2017고단2517
사기
Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The Defendant, “2017 Highest 2517,” is a person who operated a plastic restaurant in the name of “D” from July 25, 2015 to March 24, 2017, in the name of “D” in the Southern-gu Incheon Metropolitan City C from July 25, 2015.

On February 2, 2017, the Defendant would pay the price at one time to F, which operates the Victim E Co., Ltd. at the Seoul F, Inc., Ltd. on the last day of March, 2017.

“.....”

However, the Defendant was in a state of refusing to supply food materials because it was unable to pay the price to the food supply business that had already been already traded at the time. Since the Defendant had been in a state of being subject to seizure and being unable to pay the cost of KRW 00 million due to the operation of the sponse restaurant business, which was operated by the Defendant, the Defendant had no intention or ability to pay the cost even if he received the food materials from the damaged person.

Nevertheless, the Defendant, as seen above, was supplied with raw materials worth KRW 22,030,160 as the price was 27 times from February 21, 2017 to March 23, 2017 from the victim by deceiving the victim and deceiving the victim.

The Defendant, from February 23, 2016, is a person who had been operating a plastic restaurant in the name of "H" on the Nam-gu G and the second floor in the Nam-gu, Chungcheongnam-gu, Seoul, and the second floor from February 23, 2016.

The Defendant, on May 2016, sent a telephone call to the Victim I Co., Ltd., Ltd., and would make payment on the last day of each month when he supplied the fishery products that was boomed.

“.....”

However, in fact, the Defendant did not have any intention or ability to pay the price even if he received fishery products from the injured party, such as flowers, Red Seas, and Spanishs, since the Defendant had been operated as a hostile restaurant with a total of KRW 400 million in financial rights at the time.

Nevertheless, from May 26, 2016 to June 3, 2016, the Defendant was supplied with fishery products worth KRW 6,359,510 in total four times, as indicated in the list of crimes in the attached Table.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (third time);

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