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(영문) 수원지방법원 안양지원 2020.05.08 2019고단1919
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On July 2015, the Defendant, at the “C” restaurant operated by the Defendant, which is located in the Seocho-si Ba on the early 2015, called “C” restaurant operated by the Defendant, that “The Defendant is trying to engage in food materials distribution business” to the victims D, a middle school shop of the Defendant, who actually received food materials in the name of D and used or distributed food materials in the “C” restaurant while operating the food facilities, and divided profits therefrom into profits. To receive food materials, there is a need for a guarantee insurance to be delivered to the supplier, and the Defendant purchased a guarantee insurance policy of KRW 20 million per company with the delivery company as the insured. Since the operation of the “C” restaurant is well in place for the use of food materials supplied to the supplier, the Defendant is responsible for and paid for the payment of the food materials so that it does not cause damage to thener, and the Defendant will receive 3% of the price of supplied goods as profits.”

However, from around 2002, the Defendant was in bad credit standing, and the existing loan obligation was 333 million won, and the business was closed due to the failure to operate the above cafeteria, and the Defendant’s registration was made in the name of the E around October 2014. Although the Defendant or E intended to expand the business through the food materials distribution business, there was an intention to excessively increase the size of the Defendant’s lending the victim’s name and above the Defendant’s personal resources and credit, and even if the Defendant purchased the guaranteed insurance, there was no intention or ability to pay the profits to the supplier for the prevention of damage to the victim or to pay the profits.

Nevertheless, the Defendant deceiving the victim, thereby allowing the victim to register food materials retail business operator with the trade name “F” on July 2, 2015, and then, on July 8, 2015, G Co., Ltd., Ltd., the insured worker H and insurance period from July 10, 2015 to July 9, 2016.

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