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(영문) 서울동부지방법원 2017.07.20 2017고단304
사기
Text

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

Reasons

Punishment of the crime

"2017 Highest 304" Defendant borrowed the expenses incurred in the name of the business operator and opening business from another person in excess of his/her obligation, such as bearing obligations equivalent to KRW 25 million, and acquired and operated the marina with intent to pay his/her personal debts, etc. with the profits therefrom.

Around July 21, 2015, the Defendant: (a) completed the registration of a business operator of E in Seoul Special Metropolitan City, Gwangjin-gu D and 1 story; (b) around that time, the Defendant: (c) told F to the effect that “I would not operate the E in person because it is difficult to pay the price for the goods in this country because it is bad credit; (d) it is possible for F to directly operate the E in the investigative agency because it has failed to pay the price for the goods during the operation of another Et; (c) in the event that the F would take half of the profit if the Et-related work, such as entering into a contract for supply of goods, settlement of the price, etc., was performed; and (d) in fact, the Defendant thought F to be used for personal debt repayment, etc. upon receiving the sales price in excess of the time, even if the goods are supplied, notwithstanding the intention or ability to pay the price, the Defendant deceiving the representative H of the victim G, a trader, by deceiving him from the point of August 1, 2015.

9. From around January, 201 to around September 7, 2015, the Plaintiff supplied goods or services equivalent to KRW 104,560,529 in total from 16 companies, such as the list of crimes in attached Form No. 16 to E, 17,44,118, such as being supplied with chips, etc.

The defendant of "2017 Highest 619" is a person who operates the J's 'J' which is a food sales store located in Gyeonggi-gu, Seocheon-gu.

The Defendant, around February 13, 2012, was in excess of the obligation due to credit card payment obligations, etc. equivalent to KRW 25 million at the time. The Defendant supplied kimchi from the Victim K and received the supply of kimchi under the name of repayment of the existing obligation or living expenses.

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