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(영문) 서울남부지방법원 2018.01.10 2017고단1854
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant is a person who operates an individual entrepreneur in the wholesale and retail business and trade business with the trade name "D" in Guro-gu Seoul Metropolitan Government, Guro-gu, and 919, and the victim E is a person who operates an individual entrepreneur in the textile wholesale business with the trade name "G" from the Seogu, Daegu-gu.

On September 1, 2015, the Defendant contracted to receive credit from the injured party to his/her customer from the injured party, and accordingly, received approximately KRW 7,368,00,000 from the injured party on four occasions from November 1, 2015 to the 30th day of the same month, KRW 14,80,000,000 on two occasions from December 2015 to December 31, 2015, and KRW 3,7530,000 from January 1, 2016 to the same month.

While the Defendant was unable to pay the price of the original unit supplied to the Defendant, the Defendant supplied the original unit supplied by the Defendant to the Defendant on January 2016, but did not receive the price from the delivery company.

If the original body is continuously supplied to the customer, the original body will be supplied to the customer, and the payment shall be paid to the party immediately.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, in fact, the Defendant had a debt equivalent to KRW 100 million since the first supply of the instant original group, and there was a situation where the Defendant had been faced with economic difficulties, such as living expenses, hospital expenses, and credit cards by the Defendant, and even if the original group was supplied to the Customer and received the payment from the victim, it was thought that the Defendant was able to use the original group in his personal debt, living expenses, hospital expenses, and other transactional accounts, and there was no intention or ability to pay the original amount to the victim.

In addition, the Defendant supplied the original unit supplied by the injured party to the customer, and received USD 12,00 from around January 7, 2016 and USD 10,000 from around January 19, 2016.

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