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(영문) 서울동부지방법원 2013.05.23 2013고단724
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. From June 7, 2001, the Defendant had the victim D and chain store recruitment advertising company, a restaurant franchise business entity run by the Defendant, demanded payment of the outstanding amount accumulated by the victim to KRW 68,180,00,00. On March 28, 2002, the Defendant had the victim to demand payment of the outstanding amount to KRW 68,180,000,000. The Defendant changed the victim’s payment of the unpaid amount to KRW 50,000,000 to KRW 50,000,000,000,000,000,000, from the victim’s office at the fourth floor of the Gangdong-gu Seoul E-building, around March 28, 2002.

However, since promissory notes delivered by the defendant to the victim were not received normally in transactional relations, there was no possibility of settlement on the date of payment. At the time, the defendant's company did not have any intent or ability to make settlement of the price because of the deterioration of funds in the process of business expansion and the financial situation has deteriorated to the extent that it should be exclusively used for the repayment of the amount receivable from the customer, the payment of the employee's wages, etc.

As seen above, the Defendant, by deceiving the victim, has been exempted from liability by reduction and exemption of liability, and acquired pecuniary benefits equivalent to the above amount of reduction and exemption of liability and the benefit of time due.

2. On October 16, 2002, the Defendant made a false statement to the effect that “The Defendant would pay the victim H the interior construction of the chain store operated by the Defendant,” and had the victim do the interior management work of the “J” located in the Gyeonggi-gu Seoul Special Metropolitan City Si, Suwon-gu, Seoul Special Metropolitan City, and around December 24, 2002, the Defendant had the victim do the interior management work of the “L” located in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, to the effect that “the Defendant would pay the interior construction of the chain store operated by the Defendant.”

(b).

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