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(영문) 수원지방법원 성남지원 2020.03.25 2018고단2825
사기등
Text

A defendant shall be punished by imprisonment with prison labor for 6 months and for 4 months for the remaining crimes against the crime of fraud in Article 5 of the judgment of the defendant.

Reasons

Punishment of the crime

On August 17, 2018, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months on the grounds of violating the Labor Standards Act at the Jung-gu District Court on August 17, 2018, and the judgment became final and conclusive on August 25, 2018.

around July 17, 2015, the Defendant: (a) established and operated (ju) H H H H H H H H H H H; (b) on September 17, 2015, and (c) Tyang-si I; and (b) received fishery products, such as active fish, from July 2015 to June 2016, by the J, a fishery supplier, from July 2015.

1. Around July 9, 2016, the Defendant entered the victim K with a false statement that “The Defendant would settle the account on the 15th day of each month without the face of each week by putting the phone on L, which is a fishery products supplier operated by the victim, with the phone on L, which is a fishery products supplier operated by the victim.”

However, at the time, the Defendant had the obligation to pay the delinquent amount of KRW 280,000,000 to KRW 150,000,000, and the amount of goods to be paid KRW 1500,000 to KRW 150,00,00,00, and was under pressure to pay the money continuously from around 2015. Since the transaction with J was suspended due to the failure to pay the outstanding amount of KRW 100,000 to the above J, the Defendant had no intent or ability to pay the money to the victim even if changing the fishery products supply

The Defendant supplied the victim with fishery products worth KRW 9,138,00 in total at the market price of KRW 17 times from July 10, 2016 to August 11, 2016. From July 18, 2016, the Defendant acquired the fishery products worth KRW 5,418,00 in total at the market price of KRW 14,56,00 on 11 occasions and acquired the fishery products in total at KRW 14,56,00 in total, from July 18, 2016 to August 11, 2016.

2. The Defendant’s fraud against the Victim M Co., Ltd. on August 12, 2016: (a) H H H H H H H H H H, which is operated by the Defendant by her phone to the Victim M Co., Ltd., a fishery products supplier operated by N, by her phone.

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