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(영문) 서울동부지방법원 2017.05.19 2017고단515
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is an operator of F Co., Ltd. (hereinafter “F”).

F is a transfer set of G Co., Ltd. (hereinafter “G”), which is a specialized credit financial business company, to the supplier of the goods supplied from G (hereinafter “G”), and the supplier of the goods supplied by the scambling business, if the scambling business owner requests the lease of computers, monitors, and other peripheral devices, supplied the computer parts, etc. to the supplier of the scambling business, supplied the scambling business owner with the leased contract between G, and provided the supplier with the goods supplied by G.

The Defendant, through H, a business employee, around October 26, 2016, through a computer supplier H, supplied the Defendant with a computer, monitor, etc. amounting to KRW 400 million to the victim’s corporate account on the same day, to the employees in the name of the victim company, a computer supplier company (hereinafter “victim company”). On the other hand, the Defendant would receive payment from G on November 7, 2016, and deposit the amount into the victim’s corporate account on the same day.

“False speech was made to the effect that it was “.”

However, the Defendant had no particular property at the time, and was individually liable for the amount of KRW 140 million to G for the establishment of F. In addition, around August 2016, the Defendant borrowed approximately KRW 140 million from the branch office, our card, modern card, etc., and opened a cartoon camera and restaurant, but the Defendant’s personal liability was accumulated, such as losses of KRW 20 million in total every month at the shop. In order to solve this, the Defendant was able to receive KRW 40 million from G from the beginning to use the said personal debt in repayment of the said personal debt, so there was no intention or ability to pay the said personal debt even if he was supplied with the computer, etc. from the victim company.

The defendant deceivings the victim company as above, and is in its control from the victim company to November 2, 2016 to the 3th of the same month, the computers, monitors, etc. equivalent to the total market value of 400 million won are located in Incheon.

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