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(영문) 서울중앙지방법원 2013.10.29 2012고단932
사기등
Text

Defendant shall be punished by imprisonment with prison labor for two years for each of the crimes in the highest order of 2012, the highest order of 2012, the highest order of 4386, and the highest order of 2012, the highest order of 2013, the highest order of 2636.

Reasons

Punishment of the crime

[Criminal Justice] On August 30, 2011, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Seoul Central District Court, and the judgment became final and conclusive on September 7, 2011.

[Criminal facts 【2012 Highest 932】

1. Around June 24, 2009, the Defendant made a false statement to the victim G at the Gangnam-gu Seoul Metropolitan Government Office D (the Defendant’s store and complex suppliers operated by the Defendant, whose trade name was changed from D to E and F)’s office “WP K5300 vehicles and HP L7380 vehicles and 130 vehicles and HP L7380 until July 10, 2009 are supplied to the victim G.”

However, from around 2005, the Defendant was under bad credit standing due to the failure to pay credit card bills. At the time, the Defendant was liable to pay KRW 50 million to the Plaintiff, which is the provider of credit cards, and approximately KRW 330 million to the provider of office equipment, such as I, J, and K, which is another customer. As the office operating expenses were insufficient due to the lack of the circumstances of the company, the Defendant was thought to be used as the operating expenses of the party office and the employee’s salary, and there was no intent or ability to deliver the said printer to the victim.

As above, the Defendant, by deceiving the victim, wired the victim with the total sum of KRW 54.1 million on June 24, 2009, KRW 24 million on June 26, 2009, KRW 5160,000 on June 26, 2009, and KRW 54.16 million on June 29, 2009.

2. On February 1, 2010, the Defendant: (a) at the E office located in Gangnam-gu Seoul on February 1, 2010 in Gangnam-gu, he re-subcontracted the victim G with the company that received services for installing computers and other equipment from the Army Team and the Bank; (b) the victim received and immediately delivered the cost from the prime contractor at the time of completing the installation of the main installation of the computer and other equipment; and (c) the victim installed computers, frters, and drurbs, etc. in the said Army Team and the Bank and received the cost of installation from the Defendant

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