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(영문) 대구지방법원 김천지원 2016.12.01 2016고단848

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated D Co., Ltd., a company that distributes imported meat in Seongdong-gu Seoul, between January 15, 2016 and 2008.

On January 6, 2016, the Defendant called “F Company F operated by Victim E” and sent 130 boxes of imported land.

1. 15. Payment of the price of delivered goods in cash;

The phrase “the phrase was false.”

However, on December 27, 2015, the Defendant offered all of the offices and facilities of the above D as collateral to G, a creditor of the outstanding amount of KRW 45 million. On January 27, 2016, the Defendant was unable to operate his business due to the retirement of all the employees of the above D after retirement from office, and on January 2016, the Defendant did not have any intent or ability to pay the price of supply even if he was paid the imported goods from the victim because the Defendant was in a lawsuit with the customer holding the outstanding amount of the outstanding amount of the bonds, or in a lawsuit with the victim or in a collection of part of the bonds over several years.

Nevertheless, the Defendant, by deceiving the victim as above, received 130 stuffs from the victim, which amount to 31,188,670 won at the market price, and acquired them by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Statement to J police officers;

1. The fact that at the time of the instant crime, including the Customer Director and the Copy of the Copy of the corporate register, the Defendant and D, a stock company, had suffered economic difficulties, and the victim had an original transaction relation, but at the time, did not conduct the instant transaction for a period of two months due to not good financial conditions, and the Defendant was different.