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(영문) 대구지방법원 포항지원 2013.11.11 2013고합64

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant, who was engaged in the wholesale and retail business of fishery products under the trade name “D” in Nam-gu, Nam-gu, and purchased fishery products from the victim E from around 2007, such as freezing mistakenly, and traded them by means of supplying them to other retailers or large marinas.

Around January 17, 2012, the Defendant made a false statement to the effect that “The Defendant would receive the payment after he supplied the niver niver language to the victim E (which was exercised on the face of a lot, and the niver niver niver language) to the lot.”

However, in a situation where there is no clear room for the Defendant to prepare business funds on December 2, 201, the Defendant has reached approximately KRW 180,000,000,000 and KRW 600,000,00 each of the unpaid obligations to be paid to F and G, which are different fishery products wholesalers, and some of the erroneous collected amounts supplied by the victim was planned to be supplied to F and G, and therefore, it was unclear that the Defendant would normally receive the remaining amount and pay to the victim even if he was supplied.

Nevertheless, the Defendant, by deceiving the victim as above from February 8, 2012 to March 10, 2012, obtained freezing 20,303 money equivalent to KRW 649,696,00 (based on the price supplied by the victim) of the market price owned by the victim from February 8, 2012 to March 10, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Second prosecutor's protocol of examination of the accused;

1. A description and a description of goods shipped out;

1. Recording notes;

1. An investigation report (verification of the amount that a suspect G pays to a suspect A), an investigation report (Adjustment of a Suspect's obligation relationship), an investigation report (Verification of the fact that he/she has paid the price to the complainant with the G money), an investigation report (Submission of a statement of account transactions in which a suspect has received the price of delivered goods instigates A from a slotte), a suspect's inciting a criminal investigation report, and a suspect A's inciting a criminal investigation report;