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(영문) 대전지방법원 2014.06.13 2013고단2389

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2013 Highest 2389] The Defendant is a person who has engaged in wholesale and retail business of livestock products with the trade name "D" from September 15, 2006 to October 27, 2012.

On October 2012, the Defendant made a false statement to the effect that “G” in the “G’s operation of the Victim F, Seo-gu, Daejeon, Seo-gu, Daejeon, would have to receive livestock products and deliver goods to H, who is an employee, and pay the price by the end of October of the week.”

However, there was no intention or ability to pay the price even if it is delivered by the victim because it is not known that it would be closed at any time due to the reason that the creditor was urged to pay the debt from I et al.

On October 12, 2012, the Defendant, by deceiving the victim as above, was supplied with livestock products equivalent to KRW 4,470,188 at the victim’s office as well as livestock products equivalent to KRW 27,261,80,806 at seven times until October 24, 2012, as indicated in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

[2013dan3680] The Defendant is a person who runs wholesale and retail business of livestock products under the trade name “D” from September 15, 2006 to October 27, 2012.

On August 3, 2012, the Defendant made a false statement to the effect that “A” office located in the Dae-gu, Seoul, the Defendant would pay the amount of the money to the employees of the Victim (Representative K) J (Representative K) branch twice at the end of the 15th day of each month and the end of the two times each month, and the amount of the money receivable would not exceed three million won.”

However, the fact that the amount of the obligation against the owner (M) is more than 200 million won, and the obligation against the owner (M), including the above company, was urged by creditors including the above company, but the defendant's revenue alone is not enough to cope with it, and the payment is ultimately made from the victim company on time.