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(영문) 대전지방법원 천안지원 2019.07.10 2018고단2590

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant, as the actual operator of Company B for the purpose of printing and manufacturing newspapers, and wholesale and retail business, entered into a contract for supply of newspaper sites and received newspaper sites from around January 1, 2015, which is a supplier of newspaper sites operated by the victim C, and was supplied with newspaper sites from around September 1, 2015, and was in the situation where the Defendant was unable to pay the price for newspaper sites supplied by the victim from around September 2017 to November 2017.

On November 30, 2017, the Defendant contacted the victim at an influent place, and made a false statement to the effect that “The amount equivalent to KRW 14 million out of the price of the newspaper site that was to be paid in this month due to the failure to receive the printing price in E was not repaid. If the Defendant paid the printing price of the two-month printing price from E at the end of December, 201, it was immediately possible to repay the existing debt, and thus, the Defendant supplied the newspaper site to December.”

However, at the time, the Defendant stated that the Defendant’s personal obligation was 30 million won monthly interest and KRW 4,00,000 as stated in the indictment that “5,00,000 won as interest per each month” was consumed, but the Defendant asserted that 4,00,000 won as interest per month was consumed. However, the Defendant did not seem to have impaired the Defendant’s right of defense by recognizing the amount as stated by the Defendant’s assertion, and thus, it is recognized as above without any

In the situation of consumption, the transportation cost was not paid properly, and there was no intention or ability to pay the transportation cost amounting to KRW 26 million, and even if the victim received the newspaper site from the victim because there was almost no profit from the printing business operation, there was no intention or ability to pay it properly.

As above, the Defendant, by deceiving the victim, was supplied with newspaper sites equivalent to KRW 25,922,193 from December 1, 2017 to December 4, 2017, and acquired them by deception.

Summary of Evidence

1. Part of the witness C's statement in the third protocol of trial;