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(영문) 서울중앙지방법원 2016.05.26 2015고단3091
사기
Text

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

Reasons

Punishment of the crime

The defendant is a person who has been engaged in fishery products distribution business.

The Defendant, at the G office operated by the Victim F in Seoul Jung-gu, Jung-gu, Seoul on September 2013, the Defendant would make a payment after one month by purchasing the cost of domestic production from the victim F to the victim of the G office.

The phrase “”, as indicated in the list of crimes attached to the victim who believed the horse, received excavation expenses from September 10, 2013 to February 14, 2014 on 30 occasions and did not pay the amount equivalent to KRW 145.6 million out of the payment.

From May 2012 to September 2013, the Defendant purchased excavation expenses from H and supplied them to H through I. However, around September 10, 2013, the amount unpaid to H came to reach KRW 1500 to September 2013, the Defendant was suspended from trading with H. Around September 10, 2013, and even if the Defendant continued to engage in trading with the victim, it was anticipated that the Plaintiff would incur a deficit even if the Defendant was able to fully pay the said amount from H to H with the operation funds of J operated by the Defendant, which was accumulated at the time, even if the Defendant was able to use the said amount with the aim of using the said amount to the victim as operating funds, etc., which was accumulated by the Defendant. At the time, the Defendant did not intend to pay the amount to the victim as if he did not have any particular intent to do so and did not actually decrease the amount of money from the victim. Thus, the Defendant did not intend to pay the amount to the victim.

As above, Defendant 1 received expenses for Masan or Babs from the injured party and delivered them normally in a hotel and a slot boat, and deceiving Defendant 10 million won as if they were to pay the said expenses after the month.

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