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(영문) 수원지방법원 여주지원 2013.05.10 2012고단627
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2012 Highest 627"

1. On October 29, 201, the Defendant: (a) around October 29, 201, in the logistics warehouse operated by the victim D, which is located in Gyeonggi-si, Namyang-si, the Defendant: (b) purchased clothes from the victim “in a situation where it is impossible to bring them into China; (c) he/she would sell his/her clothes if he/she supplied the clothes in his/her custody, and pay the prices thereof to the victim; and (d) received nine samples worth KRW 134,000 of the market price from the victim, and then paid the prices directly to the victim on November 201, 201, when he/she supplies them to the victim with the clothes that he/she takes as sampling, with the focus of functionality from among the samples brought to the samples. There is a building in Incheon Bupyeong-gu, and there is no problem in paying the prices because he/she has the land in Gyeonggi-do.

However, the Defendant had a debt of approximately KRW 1.2 billion in total to creditors, such as F, G, H, and I, and had a debt of KRW 200,000,000 for goods to be paid to other companies. The Defendant provided the above real estate as security to purchase the building in Bupyeong-gu Incheon E and the land of female in Gyeonggi-do, and received a loan of approximately KRW 7.5,00,000,000 from financial institutions, and bears interest of KRW 3,700,000 for each month, and even if the goods are sold at a lower price than the clothes to be paid to the victim, there was a need to prepare cash and repay interest, etc. on the existing debt, so even if the goods are supplied by the victim, there was no intention or ability to immediately pay the goods to the victim as agreed upon.

As such, the Defendant, by deceiving the victim, received 2,3720,00 won in total at around November 10, 201 from the victim, and received 1,280 points in clothing equivalent to 2,372,00 won in total at the market price. From around that time to November 19, 201, KRW 10,320 in clothing equivalent to KRW 186,920,00 in total market price as stated in the attached list of crimes, as shown in the attached list of crimes.

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