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(영문) 수원지방법원 2014.08.28 2014고단2438
사기
Text

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

Reasons

Punishment of the crime

On January 7, 2014, the Defendant was sentenced to six months of imprisonment for a crime of invalidation of indication in the line of duty in the Suwon District Court’s Ansan Branch on April 15, 2014, and the judgment became final and conclusive on April 15, 2014, operated the gold-type manufacturing business under the name “D” in Incheon C.

1. Fraud to victims E;

A. On March 2012, the Defendant made a statement to the effect that “The Defendant would pay the amount of raw materials to the victim as at the end of each month at the high seas, which would cause the victim to receive the raw materials to be re-processed and re-supplyed.”

However, in fact, the defendant was operating D without any particular property, and was delinquent in taxes, and there was no intention or ability to pay the price even if he was processed by the victim.

As such, the Defendant: (a) by deceiving the victim; (b) caused the victim to perform a discretionary processing work equivalent to KRW 2,473,00 from that time to March 30, 2012; and (c) failed to pay the said amount; and (d) thereby, acquired pecuniary benefits equivalent to the said amount.

In addition, from the above date to June 25, 2013, the Defendant had the victim perform a discretionary processing work equivalent to the total amount of KRW 50,045,200 by the aforementioned method, as shown in the attached Table 1, between the above time and the above time, and did not pay the price, thereby acquiring property benefits equivalent to the same amount.

B. On February 5, 2013, at the victim’s office, the Defendant issued to the victim a copy of the issuer’s Hoho Food System, the due date of payment, May 30, 2013, and the face value of KRW 28,460,00 (i.e., a promissory note with a face value of KRW 01,00,00,00 to the effect that “The Defendant would pay the unpaid processing amount, which would have been used as operating expenses of the factory if the bill is discounted at a discount on the date of payment.”

However, in fact, the above promissory note is an innerly named bill, the source of which is unclear, and it is very unclear whether it can be settled at the due date.

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