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(영문) 수원지방법원 여주지원 2014.06.19 2013고합66
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2013Gohap66]

1. The Defendant is a person who operated vinyl and agricultural materials sales store under the trade name “E” in Singju City. A.

Defendant

On September 201, the Defendant committed the crime of using a nominal account in the G Company’s office operated by the victim C in Dongdaemun-gu Seoul Metropolitan Government on September 201, 201, the Defendant issued to the victim the name named “A” as “I will supply four kinds of vinyl, such as a low-sinyl chloride (mix), high-end vinyl (mix), construction site vinyl (revition), agricultural (wind), and vinyl (windry), etc., to the victim. The Defendant issued the name “A” as the name “I will supply promptly a vinyl to the amount of money deposited.”

However, the Defendant only operated a small plastic and agro-fishery material sales store, but did not operate a vinyl manufacturing factory. While operating a vinyl and agro-fishery material sales store, the Defendant was responsible for the liability equivalent to approximately KRW 6-700 million for other sales offices and vinyl factories, and for credit card payment liability equivalent to KRW 120 million for other sales offices and vinyl factories. There was no particular property or income, and the Defendant said that there was no way to supply wholesale to secure cash, and that there was no way to secure a more than the actual wholesale price. Therefore, even if the Defendant received advance payment from the victim, there was no intention or ability to supply normal goods.

Nevertheless, on September 26, 201, the Defendant, by deceiving the victim as above, received KRW 10,000,000 from the Agricultural Cooperative Account (Account Number: H) in the name of the Defendant on September 26, 201, and received KRW 1,086,024,00 in total from that time until February 27, 2013, and received KRW 681,456,70.

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