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(영문) 서울남부지방법원 2015.10.30 2015고단2708
사기등
Text

Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[Basic Facts] The Defendant, from January 2012 to July 201 of the same year, is a person who has run the original distribution business of D with the trade name of D, and from July 2012 to August 2014, the Defendant was a person who has operated the original distribution business of Gangseo-gu Seoul Metropolitan Government E with the trade name of F.

The Defendant supplied the original group of KRW 40,946,120 in total from January 201 to July 201 of the same year, which was operated by the Victim G from the time of the operation of the foregoing D, to the original group of KRW 40,946,120. However, the Defendant paid only KRW 4,08,260 among them, and paid only KRW 36,857,860 in total.

Around July 2012, the Defendant changed the trade name to F and requested the Defendant to supply the original unit to the Plaintiff while commencing the original unit sales business again. However, the Defendant rejected the request on the ground of the previous obligation due to the Defendant’s refusal. On December 2, 2012, the Defendant repaid KRW 27,739,640, which was part of the unpaid obligation to the Defendant, and subsequently resumed the original transaction with the victim.

【Criminal Facts】

Around March 2013, the Defendant made a false statement to the said F Company stating, “If the Defendant delivers the clothes of women to the victim G, he would necessarily pay the price by the end of the following month.”

However, in fact, the Defendant had no intention or ability to pay the amount normally even if the Defendant received the original amount from the victim due to excessive debt, such as the amount of the unpaid amount of KRW 41 million against D’s customers who operated until July 2012, KRW 60 million, KRW 25 million for personal debt, KRW 25 million for bank loan, KRW 43 million for card loan loan, etc.

As such, the Defendant, by deceiving the victim and deceiving him from the victim to July 2013, 201, received a total of 86,676,689 won from five times, such as the list of crimes in the attached Table, from the victim to the same method. The Defendant obtained the delivery of clothes equivalent to KRW 86,676,689.

"2015 Highest 2850"

1. Defendant A’s name-free telephone financial fraud group, which is called “I”, around December 3, 2014.

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