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(영문) 서울동부지방법원 2013.04.24 2012고단2185 (1)
사기
Text

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

Reasons

Punishment of the crime

On April 27, 2011, the Defendant established the “E” as the clothing wholesale and retail business entity, which has the right to sell the clothing manufactured using the “C” brand, but was aware of the circumstances that it was difficult for the Defendant to pay the price in a timely manner even if the clothing was supplied due to the shortage of business funds at the time, and that the Defendant agreed with D to have 15% of the price, if it received the retainer payment from the supplier and supplied the clothing to the above brand, even though the Defendant did not have any intent or ability to pay the price in a timely manner.

1. On March 201, 201, the Defendant committed the crime against the Victim F, who was before the said E was registered as a business operator, concluded that “The Defendant would be able to pay the price immediately within 10 to 15 days, if the Company, which had received orders from the G Center 505, Dongdaemun-gu Seoul, Seoul, and the Victim F, received orders from the Plaintiff F.”

On April 29, 201, the Defendant: (a) by deceiving the victim; (b) supplied the victim with the first round of KRW 8,000 from the victim; (c) received supply of the second round of KRW 75 million from the victim; and (d) received delivery of the second round of KRW 75 million from the victim on June 9, 201, and received delivery of the second round of KRW 15,000 from the victim.

2. Around April 29, 2011 and June 9, 2011, the Defendant, at the “J Office” office operated by the victim H in Dobong-gu Seoul, Dobong-gu, Seoul, provided the victim with the original group supplied twice as referred to in the above paragraph (1), and falsely stated to the effect that “A already received orders from a dead brand called C, which would make payments for the processing costs within 10 to 15 days on the basis of delivery with the original group.”

As such, the Defendant, by deceiving the victim, received approximately KRW 19,500,00 from June 15, 201 to July 26, 201, approximately KRW 42,70,00,00 from the victim.

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