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(영문) 서울중앙지방법원 2016.12.22 2016고단2696

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant’s wife is a person who actually runs the C Co., Ltd. (hereinafter “C”) whose representative director is the Defendant’s wife.

1. On December 8, 2014, the Defendant found F, the representative director of the Victim E Co., Ltd. (hereinafter “victim Co., Ltd.”), a logistics distribution company in Gyeyang-gu, Gyeyang-gu, Yangyang-si, requested the supply of rice handled by the Victim Co., Ltd. (hereinafter “victim Co., Ltd.”), and sent an order to the Victim Co., Ltd., and on December 10 of the same year, the Defendant represented the Victim, and F signed a contract on behalf of the Victim Co., Ltd. for the supply of goods (hereinafter “the instant rice supply contract”) with the intent of “one-year contract period, one-year supply, and the supply of rice to the victim Co., Ltd., on behalf of the Victim Co., Ltd., and one-fourthth to the last day of each month, to pay the supplied rice in cash” (hereinafter “the instant rice supply contract”).

However, even if the defendant received rice from the victim company, he did not have the intent or ability to settle the price on the settlement date of the rice supply contract of this case.

Nevertheless, the Defendant, while taking an attitude as seen in the settlement date under the instant rice supply contract, deceiving F, and received rice supply in the total of 6,1920,000 won from 7.20 kilograms of rice on December 11, 2014 and December 12, 201.

Accordingly, the defendant deceiving F, thereby acquiring the rice amounting to KRW 6,1920,00 from the victim company.

2. On June 15, 2015, the Defendant called the victim F at an unsound place, and “If the Defendant lent KRW 2 million to the victim, the Defendant should have received rice payment from the Defendant and paid the interest on bonds of KRW 2 million to the victim’s supplier. However, the Defendant failed to pay it, and the victim raised bonds to pay rice to the supplier. It appears that the Defendant was part of the bonds that the victim loaned to the Defendant and 2 million won were raised.

The legal system of the victims.