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(영문) 서울중앙지방법원 2020.01.17 2019고합477
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the fraud against the victim B (2019,673) is committed.

Reasons

Punishment of the crime

The facts charged were revised to the extent that it does not infringe on the defendant's defense right.

On June 5, 2019, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended execution in Seoul Central District Court due to fraud, etc., and the judgment became final and conclusive on June 13, 2019.

The Defendant operated C(hereinafter referred to as “C”) for the purpose of wholesale and retailing of clothing and textile products.

On December 31, 2015, the Defendant stated that “The Defendant would pay the original amount by receiving the payment from the prime contractor who supplied the prime unit to the customer and by receiving the payment from the last day of the following month of the delivery, by sending an order by telephone and facsimile from the C company office located in Seongdong-gu Seoul Metropolitan Government D apartment E by telephone and facsimile” to the victim F.

However, at the time, the Defendant was unable to pay the original amount to the victim F due to the default of a bill from the customer on November 4, 2015, and the facts charged are not stated in the “fact of default on bills,” but they were acknowledged by the Defendant’s statement, etc.

The amount of short-term payments to be paid to other companies had a considerable amount of KRW 00 million, and even if the goods were produced to be supplied to the customer, the amount received from the customer is inevitable to be used in operating expenses of the company, such as smuggling office rent, employee salary, etc., and there was no intention or ability to pay the full amount of short-term payments to the victim F.

Nevertheless, the Defendant, as seen above, was issued KRW 11,518,144 over 14 times by December 19, 2017, as well as the Defendant, by deceiving the Victim F and received from the Victim F an original order equivalent to KRW 1,286,824 on December 31, 2015 from the Victim F.

In addition, the Defendant, by deceiving the victim G, H and I in the above manner, respectively, and as indicated in the attached Table “crime List,” respectively, constitutes KRW 168,132,154 from the victim G, KRW 625,692,30 from the victim H, and KRW 162,637,530 from the victim I.

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