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(영문) 부산지방법원 동부지원 2018.01.11 2017고단1979

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant is a person who operates the “C” of food service suppliers.

1. On March 15, 2017, the Defendant, against the victim D, made a false statement to the victim D, stating, “The Defendant was offered a bid for the supply of food materials to the high school in the city of Kim Young-si, and if the Defendant supplied food materials on credit instead of selling food materials on credit, the price will be paid immediately after receiving payment from the school.”

However, in fact, the defendant continued to operate food supply business with no particular knowledge and know-how, and continued to run a food supply business, the early capital of KRW 90 million has decreased to KRW 30 million, and judged that the business could no longer be operated, and received the food supply from the injured party on credit and received the payment from the school, and there was no intention or ability to pay the cost of the food supply to the victim.

As above, the Defendant: (a) by deceiving the victim; (b) supplied food materials equivalent to KRW 27,490,698 in total from April 1, 2017 to October 30 of the same month to the victim; and (c) provided the school with food materials equivalent to KRW 27,490,698 in credit; and (d) acquired financial benefits equivalent to the same amount.

2. On March 25, 2017, around 12:00 on March 25, 2017, the Defendant against the victim F was offered a bid to supply three school meal materials, such as I, J, and K high schools, located in Geumcheon-gu, Busan, to the victim of the victim F&C office in the F&C office of the F&C. In the event that I is supplied with food materials from April 1, 2017 to the 30th of the same month, the Defendant paid the full amount of the price immediately after receiving the payment from the relevant school, and from March 30, 2017 to J and K high schools.

4. Until October, 200, a false statement was made that it would pay the price after the car on credit by purchasing 20 fchising 20 fchising of food materials to be supplied on credit.