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(영문) 수원지방법원 성남지원 2016.02.05 2015고단1823
사기등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in this case, the check number “D” check is applied.

Reasons

Punishment of the crime

The Defendant, as the representative of the (ju) E that mainly carries on the publication and printing of child books, is a person who actually carried on F until the company and book distribution business as the representative of the said company.

1. Fraud;

A. On February 2, 2011, the Defendant against the Victim G (Representative H) made a false statement to the effect that “The Defendant would make the “J” publishing in E, the operator of the Victim G Co., Ltd., the main purpose of which is the book business, and pay the price properly.”

However, in fact, under the circumstance that the Defendant, at the time, was liable for the personal debt borrowed from the bank, etc. equivalent to 1.5 billion won, bond business operators, 3.5 billion won, relative relatives, etc., the Defendant had no particular financial property, and the real estate owned by the Defendant and the Defendant had already been established for the purpose of securing a reasonable amount of the above debt, and the sale procedure for the above real estate has not been run properly. Therefore, even if the Defendant was to supply the debt borrowed from the bank, the Defendant did not have any intent or ability to pay the amount properly.

As such, the Defendant, by deceiving the above H, had H take up a book with a total amount of KRW 153,172,800 from February 201 to September 201 of the same year, and did not pay the price, thereby acquiring pecuniary benefits equivalent to the same amount.

B. Around July 2011, the Defendant made a false statement to the effect that “A victim K, who operates a business entity that mainly engages in the production and supply of packaging boxes at the above E office, would produce and supply packages containing books published in E, and pay the price properly.”

However, the defendant is a bank at the time.

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