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(영문) 서울남부지방법원 2020.05.13 2019고단242
사기
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

The defendant shall obtain money from B, a compensation applicant, 141,226,840 won.

Reasons

Punishment of the crime

The Defendant is the E-operator of a corporation, which is a special sales company that supplies household appliances to construction companies, such as a cooling house installed in a new officetel, etc.

On July 24, 2017, the Defendant, at the office of the injured company B (Representative G; hereinafter “victim”) located in Gangseo-gu Seoul Metropolitan Government F, drafted a written contract with the purport that “The Defendant will supply 208 L/C 208 L/C 208 L/C 208 L/C 208 of L/C 208 of L/C 208 of L/C 208 of L/C 208 of L/C 208 of L/C 200 to L/C 208 of L/C 208 of L/C 208 of L/C 207 to each manufacturing company.” The Defendant paid the purchase price to each manufacturing company to supply the above household products without any problem.

However, the Defendant was liable to pay a large amount to a large number of financial institutions, and the Defendant operated the company at the time when the funds are insufficient to pay the funds received from the victimized company into other contracts, or using the funds in repayment of obligations, etc. Therefore, the company manufacturing household appliances cannot pay the funds in a normal way, and even if the funds are paid in full from the victimized company, there was no intention or ability to deliver all household appliances at the time specified in the contract, even if the funds are paid in full from the victimized company.

Pursuant to the above contract, the Defendant acquired financial benefits equivalent to the same amount as the Defendant did not supply 141,226,840 won, 131, and 134 installments on August 10, 2017, 200, 60,000 won on May 15, 2018, 2018, 222,198,080 won on May 30, 2018, and 22,198,080 won.

The Defendant of Mapo-gu Seoul Metropolitan Government 2019 Highest 2023 shall be the (ju) E, a wholesale and retail company of electronic equipment at K.

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