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(영문) 대전지방법원 2016.05.26 2015고단2090

사기등

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay compensation for KRW 36,541,950 to the applicant. This order shall be issued.

Reasons

Punishment of the crime

Around June 10, 2014, the Defendant stated that “Around June 10, 2015, the Defendant would be able to supply the said agricultural products to the victim C and receive direct payments from the victim C at the Agricultural and Fishery Product Market D Office located in Jung-gu, Daejeon, Daejeon.” The Defendant stated that “Around June 10, 2014, the Defendant would be able to supply the said products to the victim C and pay the price to the victim C with 3% of the supply price.”

However, the Defendant had no intention or ability to pay the full amount to the victim even if he received a lawsuit from the injured party because the Defendant had been urged to pay the full amount of his personal debt worth about 50 million won and the Defendant had failed to pay the full amount to the trading company.

As such, the Defendant, by deceiving the victim, received a suit equivalent to the sum of KRW 81,922,80 from June 2014 to December 2014 from the damaged party, to supply it to E, as shown in the list of crimes in the attached Table, and received the payment for KRW 36,541,950 out of the payment. The Defendant claimed and received payment for the amount of KRW 36,541,950 as the supplier.

Accordingly, the defendant deceivings the victim, thereby acquiring the pecuniary profits equivalent to 36,541,950 won.

From December 10, 2013, the Defendant has been engaged in the duties of supply, management of price, etc. as H’s staff members operated by the victim G in the public city F from around December 10, 2013.

On November 10, 2014, the Defendant received KRW 39,693,922 from the scam food, which is the customer of the above H, to the account of the passbook in the name of the Defendant, a business entity operating the Defendant, and used it for personal purposes at his own discretion around that time while keeping it for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

"2015 Highest 2090"

1. Statement by the defendant in court;

1. Each police statement made to C and J;

1. A complaint;

1. Tax invoice;

1. A copy of a bankbook;