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(영문) 서울북부지방법원 2013.07.26 2013고단1223
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

[2013 Highest 1223] On September 201, the Defendant operated a cafeteria with the trade name of D'D' from the first floor of Dongdaemun-gu Seoul Metropolitan Government C building.

At the time, the Defendant received a loan of KRW 30 million with the security deposit and other facility funds due to the absence of any assets, but since the beginning of November 201, the operation of the above restaurant became difficult to cope with the economic situation to the extent that it is impossible to cope with the amount equivalent to KRW 6 million per month and KRW 30 million per month of ten employees.

Accordingly, the Defendant received the supply of livestock products, and received them by wrapping them at intermediate distributors, etc., once he tried to resolve funds necessary for the operation of the above restaurant.

1. From the end of December 2011, the Defendant against the victim E, at the above D restaurant, the victim E knows that “in the city, is aware of a large number of the cafeterias located at the main restaurant. The Defendant supplied livestock products to the cafeterias located within the city, which are known, to the end of the month, would settle the price without the mold at the end of the week.”

However, even if the Defendant was supplied with livestock products from the victim, the Defendant did not have the intent or ability to pay the price normally.

As such, the Defendant, by deceiving the victim and being supplied with the wood cells, etc. equivalent to KRW 522,254,383 on January 15, 2012 from the date of the occurrence to May 9, 2012, the Defendant, as indicated in the attached crime list, did not settle only KRW 226,250,00,00 and did not settle the remainder of KRW 296,254,383 on 40 occasions, and acquired financial benefits equivalent to that amount.

2. On April 30, 2012, the criminal defendant against the victim F made a false statement that the victim F would pay the price of pigs and beef to the victim F within 10 days from the date the swine and beef is supplied to the Korean restaurant.

However, the defendant is identical to this.

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