피고인은 주방용품 유통업체인 ‘C’를 운영하던 사람으로서, 2012. 10.경 피해 회사 주식회사 D 담당자에게 “곰솥, 냄비 등 주방용품을 납품해주면 그 물건들을 판 다음 대금을 다음 달 주겠다”고 하여 피해자로부터 2012. 10. 27.경 ‘뮬렉스 양수 20’ 등 14,387,648원 상당의 주방용품을 납품받고, 2012. 10. 30.경 7,321,446원 상당, 2012. 10. 31.경 7,745,562원 상당, 2012. 11. 6.경 4,885,584원 상당, 2012. 11. 9.경 4,885,584원 상당을 각 납품받는 등 5차례에 걸쳐 합계 39,225,824원(부가가치세 포함) 상당의 냄비 등 주방용품을 납품받았다.

However, at the time of the delivery of the above goods, the “C” did not have management status to the extent that it is impossible to properly pay office rent or employee benefits due to the enemy continued, and the Defendant also bears the tax in arrears of KRW 50 million and the individual liability of KRW 1 billion, while the Defendant did not have any particular property or financial resources, so there was no intention or ability to pay the price even if the goods are supplied by the victimized company.

As above, the Defendant deceivings a person in charge of the victimized company, and thereby acquired the main goods equivalent to 35,659,840 won (excluding value-added tax) from the victimized company.

Summary of Evidence

1. Partial statement of the defendant;

2. Legal statement of witness E;

3. Application of the Acts and subordinate statutes on witness F’s legal statement;

1. In light of all the circumstances shown in the arguments, such as the fact that even though the defendant was supplied with goods by selling the goods and paying the price of the goods for the reason of sentencing a sentence of imprisonment with prison labor, the crime is not good, including the fact that the sales proceeds are used for operating funds of the company or repayment of personal debts, etc., the crime of deception is denied, and no effort is made to recover damage is made at all, the punishment as set forth in the text shall be determined, taking into consideration all the circumstances shown in the arguments;