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(영문) 서울서부지방법원 2015.11.11 2014고단3694
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

(e).

Reasons

Punishment of the crime

1. The Defendant, against the Victim D Co., Ltd., was supplied with printed films and CTPP plates from June 2012 to F from around 2010 to July 2014 while operating the “E” as a printing shop.

On January 31, 2013, the Defendant made a false statement to the effect that “F would pay the price immediately when printing films and CTPPs are printed and supplied,” at the victim D office operated by F in the first floor of the Seoul Jung-gu Seoul Central District G Building.”

However, since around 2011, the Defendant was unable to receive the printing amounting to KRW 100,00,000 from the Customer, and the Defendant paid the price in the form of returning the goods from the victim, etc., the Defendant was unable to properly pay the price for the goods due to continued operation from January 2013. The Defendant did not have any intention or ability to pay the price even if the goods are delivered by the victim because there was no property different from the Defendant.

As above, the Defendant, by deceiving the victim, was supplied with printed films and CTPP in an amount equivalent to KRW 19,328,543 from January 2013 to March 31, 2014 by the victim.

2. The Defendant was engaged in printing business with the trade name of “J” in Seoul Jung-gu from April 1997 to January 2002, 200, the trade name of “L” in Seoul Jung-gu from February 2002 to February 2010, and the trade name of “E” in Seoul Jung-gu from March 2010 to July 2014.

From around 2011, the Defendant was unable to receive the printing amount of KRW 100,000,000 from the Customer, and was running the company so-called so-called, so-called, the Defendant was unable to return the money, and around KRW 300,000 on January 2013, and around June 2013, the Defendant was obligated to pay the above company a debt of KRW 300,000,000.

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