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(영문) 부산지방법원 동부지원 2015.02.12 2014고단1094

사기등

Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. The defrauded Defendant, a meal service company, was the operator of the D Co., Ltd. (hereinafter “D”) and Kimchi Processing Business Co., Ltd. (hereinafter “E”), and around October 2012, the personal debt was paid in KRW 2 billion. Since the principal and interest of KRW 7 billion loaned from the Korean bank as a security of D factories was not paid at once on September 11, 2012, the voluntary auction for the above factory was commenced, and the Defendant’s employees did not pay wages properly, and there was no economic situation.

(1) On November 2012, the Defendant, as an operator of D, made a false statement to the victim H, who engages in agricultural product distribution business in the name of “G” at a factory located in Hongcheon-gun F, Gangwon-do, Hongcheon-gun, by phoneing to the victim H, who is engaged in agricultural product distribution business.”

However, in fact, the Defendant did not have any intent or ability to pay the price even if he was supplied with the worship from the victim because such economic situation is not good.

On November 12, 2012, the Defendant, by deceiving the victim as such, was supplied 33,300 km of the market price equivalent to KRW 18,331,500 at the above factory around November 12, 2012. From that time, until December 4, 2012, the Defendant was supplied with a total of 73,045,50 won at the market price by 11 times, as indicated in the attached list of crimes.

Before February 19, 2013, when the operation of D was difficult, the criminal defendant committed fraud was established and operated by the kimchi processing company, E, but the economic situation of the defendant was not improved since October 2012 due to the lack of sales.

On November 2013, the Defendant made a false statement to the effect that “The Defendant would make a settlement of the selling price on his/her face to the Ha who supplied the drilling,” by phoneing the victim H at the E plant located in Hongcheon-gun, Hongcheon-gun.”

However, in fact, the defendant is not in good economic situation and even if he is supplied with prosecution from the victim, he shall pay the price.