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(영문) 인천지방법원 2021.02.17 2020고단4479
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

【Criminal Records】

1. On February 5, 2016, the Defendant was sentenced to one year and four months of imprisonment for fraud, etc. at the Incheon District Court, and on October 19, 2016, the same court was sentenced to six months of imprisonment for fraud, etc. and completed the execution of each of the above punishment at the Child Training Correctional Institution on April 12, 2017.

2. The Defendant was sentenced to four years of imprisonment for fraud, etc. at the Incheon District Court on May 11, 2020, and the said judgment became final and conclusive on November 14, 2020.

[2] Defendant 1 is a person who actually runs the “C” located in the Northern-gu, Seoan-gu, Seoan-gu, Seocheon-si, and D is a person who lends the Defendant the business registration name of the “C”.

After accepting the “E” in the name of the president of the branch, the Defendant changed the name to “C” by accepting the goods existing in the name of the branch president, and, after forming a trust relationship with the transaction partner through the “fluor transaction” under the name of the part of the goods supplied by the former transaction partner, the Defendant got the goods supplied from the transaction partner by inducing the transaction partner to supply more goods than the amount of the outstanding amount, thereby preventing the transaction partner from voluntarily suspending the delivery due to the remaining amount of the outstanding amount.

On January 16, 2018, the Defendant: (a) succeeded to the outstanding amount of KRW 9,366,426 of “E”, which was previously traded, to the victim H who operated a wholesale and retail business of “G” through “C” within the territory of “C” located in Seocheon-gu, Seocheon-gu, Seocheon-gu; and (b) continued to pay the outstanding amount for three months after succeeding to KRW 9,366,426.

The phrase “ makes a false statement.”

However, the Defendant was in bad credit standing class 9 from June 2016. After being released from office around April 12, 2017, the Defendant had no particular income and assets. In accepting the foregoing “E”, the Defendant received the outstanding amount, etc. and received the outstanding amount, and performed a total of KRW 700 million liability, and approximately KRW 8.0 million on monthly income and personnel expenses, etc.

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