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(영문) 대구지방법원 서부지원 2014.07.11 2014고단87

사기

Text

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

Reasons

Punishment of the crime

The Defendant is a person who operated a wholesale and retail business in Daegu Northern-gu C with the trade name of “D”.

Around July 2012, the Defendant: (a) was supplied with chickenss from the victim E and received inheritance by himself; (b) thus, (c) was doing tax treatment with approximately KRW 20,000,000, and (d) the Defendant was doing so.

While the Defendant disposed of inherited property on October 2012 and prepared KRW 50,000,00, the Defendant was unable to fully repay the outstanding amount, and he was aware that the Defendant could not continue credit transactions if he did not fully repay the outstanding amount from the victim. The Defendant concealed that the Defendant’s amount of KRW 50,000,000 was the full amount prepared by disposing of the inherited property, while she was 230,000,000, the Defendant was able to receive the outstanding amount from the Defendant and pay the outstanding amount in cash.

However, in fact, the Defendant did not have the obligation to receive from F at least KRW 32,00,00,000, and the wholesale and retail business of the Defendant was under way since 2004. The Defendant did not have any profit since 2004. The Defendant did not have any intent or ability to normally pay the amount of credit to the victim even if the Defendant continues to engage in credit transactions with the victim for about KRW 30,000,000,000.

Nevertheless, the Defendant, by deceiving the victim as above, was supplied with the chiller equivalent to KRW 59,405,490 from October 2012 to April 19, 2013 and did not pay the price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement E in the suspect examination protocol of the accused by the prosecution;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes to the complaint;

1. The defendant's reasons for sentencing under Article 347 (1) of the Criminal Act, which is the pertinent provision of the criminal facts and the choice of punishment.