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(영문) 대전지방법원 천안지원 2017.12.15 2017고단1973

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On December 19, 2012, the Defendant, in the office of the Dispute Resolution Co-operation Co-operation Co., Ltd., located in Nam-gu, Nam-gu, Chungcheongnam-gu, Seoul Metropolitan City around December 19, 2012, supplied the victim with materials necessary for the manufacture of plastic houses, such as 11 greenhouses to newly build and sell 11 greenhouses to the Nam-gu, Nam-gu, Seoul Metropolitan City E and F, thereby paying the above material price with the sales price, which he harvested from rhym and sold.

“.....”

However, in fact, at the time, the Defendant had been liable for the amount of KRW 100 million to financial institutions, and around August 2012, the Defendant had been liable for the additional KRW 80 million while opening hamba, and the sales proceeds had no intention or ability to pay the price of the plastic material to the victim, such as those who thought to be used in other debt repayment, etc.

As above, from December 19, 2012 to February 5, 2013, the Defendant: (a) obtained the total sum of KRW 64,881,550, such as hin pipe, vinyl, etc., from the Nam-gu E and F, Nam-gu, Nam-gu, Nam-gu, Seoul, to supply the victim with the material equivalent to KRW 64,881,550, such as hin pipe, vinyl, etc., as indicated in Appendix I.

2. On February 1, 2013, the Defendant would pay the said material price with the sales price of the said material by harvesting rhyth from the IF store for the operation of the Victim H located in Nam-gu G located in Nam-gu, Namcheon-gu, Seoul to newly construct 11 greenhouses for the purpose of cultivating Oison in Nam-gu, Nam-gu, Nam-gu, Seoul and to produce and sell Oison, by supplying materials necessary for the manufacture of plastic greenhouses, such as hosp and valves.

“.....”

However, in fact, at the time, the Defendant had been liable for the amount of KRW 100 million to financial institutions, and around August 2012, the Defendant had been liable for the additional KRW 80 million while opening hamba, and the sales proceeds had no intention or ability to pay the price of the plastic material to the victim, such as those who thought to be used in other debt repayment, etc.

The defendant deceivings the victim as above, and is from February 1, 2013 to February 2013, 2013.