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(영문) 대구지방법원 2020.11.10 2020고단1434

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2015. On July 2, 2015, the Defendant made a false statement to the victim F that the Defendant would pay the price immediately following the day when he/she processed and supplied the meat to the victim F, as a person who engages in livestock product sales business under the trade name of “C” in Daegu-gu Section B.

However, the Defendant supplied meat from March 2015 to June 201 of the same year to H, but was unable to pay the price for goods to other trading companies, such as not paying a high-term amount of KRW 170,000,000,000, and was supplied by various trading companies. The Defendant was in a state of excluding operating expenses from the sales amount due to the aggravation of business management at the time. Therefore, even if the Defendant received processed livestock products from the victim, there was no intention or ability to pay the price normally.

The Defendant paid KRW 332,50,000 to KRW 137,945,636 of the remainder, even if he/she was supplied with processed products of livestock products, such as 470,445,636 won in total, over 23 times from July 2, 2015 to February 1, 2016.

Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 137,945,636.

[200 Highest 3984] The Defendant, a person who sells livestock products with the trade name of “C” from the Seogu Seo-gu Office I, and the victim L at the K K office in the J on May 27, 2019, falsely stated that “The Defendant would make all payments for the supply of livestock products by processing and supplying them to the victim L.”

However, in fact, the Defendant, from around 2015, has been operating in the way of “defluence” after being supplied with meat from various trading companies, such as the amount of goods unpaid to the customer from around KRW 300 million, and at the time, excluded operating expenses from the sales amount due to the aggravation of business management.