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(영문) 대전지방법원 천안지원 2018.11.08 2018고단1672

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has engaged in food materials supply business.

1. On May 7, 2014, the Defendant committed the crime against the victim B stated that “The Defendant may purchase rice at a level lower than the market price in the D cafeteria operated by the victim B in Gyeyang-gu, Soyang-gu, Yangyang-gu.”

However, even if the Defendant received money under the name of advance payment, the Defendant did not have the intent or ability to deliver rice and received money from the injured party was considered to be used as the cost of living or the purchase price of goods to be supplied to other clients.

Nevertheless, the Defendant, as seen above, received the remittance of KRW 3,350,000, around May 7, 2014, around KRW 3,350,000, around May 30, 2014, and KRW 1,625,000 around May 30, 2014, and KRW 2,950,000, around June 12, 2014.

2. On March 2014, the Defendant committed a crime against the victim G, at a restaurant, “I” operated by the victim G at the site of H apartment at the end of the Hanam-si at the end of the day of the day of the Hanam-si.

The government made a false statement that the rice price will be supplied at the current market price on the face of the gold, and that the rice price will be supplied at the price when the rice price was lowered.

However, even if the Defendant received money under the name of advance payment, the Defendant did not have the intent or ability to deliver rice and received money from the injured party was considered to be used as the cost of living or the purchase price of goods to be supplied to other clients.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) supplied 1,650,00 won to the bank account (F) in the name of Korea used by the Defendant from the victim; (c) around April 7, 2014; (d) around May 3, 2016; (e) KRW 2,560,000; (e) around May 20, 2016; and (e) KRW 3,200,000; and (e) KRW 12,060,000,000 in total, around June 2, 2016; and (e) supplied 2,915,000 won to the bank account in the name of Korea used by the Defendant from the victim; and (e) supplied the remainder.

Accordingly, the Defendant acquired the total amount of KRW 9,145,00 ( KRW 12,060,000 - KRW 2,915,00).