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(영문) 수원지방법원 2017.06.16 2016고단6283
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from around 2012 to around 2012, 2016, operated a garment processing exporter with the trade name of F in the E-building located in Gwangjin-gu Seoul Special Metropolitan City, and closed down his/her business on September 2015 as he/she experienced financial difficulties due to aggravation of income after October 2014.

On July 9, 2015, when the defendant ordered the transport of clothes or the supply of raw materials to the victim G, H, etc., there was no money at the time of the closure of the business, and thus, the export price of the clothes deposited to the company was paid to the company prior to the delivery of the clothing raw materials, part of the payment was made to the company that had not been paid, or most of the interest on the amount of KRW 800 million for the company's operating expenses, employees' wages, and financial rights loan was applied to the company. Thus, even if the defendant ordered the transport of clothing or the supply of raw materials to the victims

A. Around July 1, 2015, the Defendant issued an order for the carriage of clothing products, as if he would normally pay the transport cost to the victim who operated the Defendant’s office, I, at the Defendant’s office, and as such, he would normally pay the transport cost to the victim. From that date to September 17, 2015, the Defendant issued an order for the carriage of clothing products to the victim of the Defendant’s company’s clothes to the Japanese government and did not pay the transport cost to the victim’s KRW 3,173,894.

B. On July 20, 2015 and August 7, 2015, and August 11, 2015, at the Defendant’s office, the Defendant: (a) falsely stated that the Defendant would pay the original amount to the victim, who operated the original supply company of J, as if he would normally pay the original amount to the victim; and (b) that the Defendant, as if he/she supplied the original form, received the payment from the victim at the end of the following month on August 18, 2015, KRW 1,040, KRW 2,780, KRW 360, and KRW 7,180, KRW 20,000, KRW 521,510, around August 29, 2015.

(c)

On August 10, 2015, the criminal defendant against the victim K is the original supplier who is L at the defendant's office and L at the defendant's office.

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