beta
(영문) 대전지방법원 2013.12.19 2013고단2649

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who engages in wholesale and retail business of agricultural products under the trade name of “C”.

1. Around February 1, 2010, the Defendant, against the victim D, began to be supplied with agricultural products by the victim on the following grounds: (a) around February 1, 2010: (b) the F market G326 in Daejeon Seo-gu E; and (c) the victim, an agricultural product dealer, “I would have acquired the agricultural products supply right from H University; (b) would have paid credit payment upon settlement from H University at the Jeju National University upon credit supply of agricultural products on credit; (c) creating a passbook under a safe common name and having the Plaintiff receive payment from H University through the passbook.”

On April 2010, the Defendant was supplied with agricultural products worth KRW 78,243,510, and KRW 64,787,480,00 from May 2010, to a single bank account (Account Number I) in the name of the Defendant and the victim’s joint account.

However, at the time of fact, the Defendant had a personal obligation of at least 5 million won, and the Defendant had not been properly operated even wholesale and retail companies of agricultural products operated, and there was no intention or ability to pay the payment even if the Defendant received agricultural products from the victim by changing the payment account from the victim to the future.

Accordingly, the Defendant, by deceiving the victim, obtained the supply of agricultural products equivalent to KRW 143,030,990 in total from the victim on April 2010 and May 2010.

2. The Defendant, at the office of the above “C” located on the first floor L of the Daejeon Seo-gu Daejeon L from February 1, 2010 to May 24, 2010, saying, the victim J and the victim K, who is a food wholesaler, acquire a right to supply agricultural products from H University, and that he/she will receive payment from H University and make payment on credit if he/she supplied agricultural products on credit.