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(영문) 창원지방법원 2013.11.28 2012고합580

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Criminal facts

[2012 Gohap580] The Defendant was a person who took over and operated a personal business entity of "D" from June 2006 to Kimhae-si, and where the Defendant was selected as a school meal service provider through a bid, etc., he was supplied with food materials agency, etc. and supplied them to the school at the school on or after the next 10th day after supplying them. When the Defendant paid the price for supply to the customer who received food materials from the school at the school on or after the next 10th day, it began from around 2008 that the financial situation of the customer who sold food materials was difficult due to the Defendant's default on the payment of the food materials. On the other hand, from around July 2009, the Defendant suffered losses of 1.2 billion won or more due to the failure to pay the food materials to the customer, the Defendant was unable to pay the price for the supply of the materials after the issuance of the new materials from the above school on the ground that it was difficult for the above 10th day before the due date of payment of the bill.

Around February 2010, the Defendant, even though he was supplied with food materials for agricultural products from the victim F, was unable to properly settle the price, but he was engaged in the supply of food materials for agricultural products such as increase, poppy, and reduction of capital on credit to the victim on a monthly basis, as if he would pay the price in the middle of the following month, and the market price from the victim was 3,945.