사기
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
The Defendant is a person who runs a store in the distribution of food materials with the trade name “D” in Songpa-gu Seoul Metropolitan Government CBB and 230, and the victim E is a person who engages in agricultural products distribution business with the trade name “D.”
On July 18, 2016, the Defendant received reports from employees G on the fact that a major trading company is changed to F, and received the supply of agricultural products totaling KRW 61,112,610 on 37 occasions, as shown in the list of offenses.
However, in fact, the defendant had a personal debt of 30 million won, and the defendant had no intention or ability to pay the price normally even if he was supplied with agricultural products from the injured party because he had been urged to pay 250 million won due to the fact that he had not been paid 250 million won to the F operated by the injured party while he was urged to pay the agricultural products.
Accordingly, the defendant acquired agricultural products by deceiving the victim.
Summary of Evidence
1. Witness G and I testimony;
1. A protocol concerning the suspect examination of the accused by the prosecution;
1. Application of statutes governing I’s statement protocol;
1. Even if the defendant is responsible for judging the assertion of the defendant and his/her defense counsel under the penal provision, the time from the time when he/she reported that the main trading company was changed to the victim is not clear.
DaNN
Comprehensively taking account of the testimony of the victim, G, and I and I’s investigation statements, the victim and the victim were small-scale transactions from January 2016 to several hundred thousand won at the time of the transaction, but the victim was changed to the main trading company, and the one time transaction size was increased to million won from the beginning. G reported in advance to the defendant on the change of the main trading company while changing the victim to the main trading company. As such, it is recognized that the victim had traded a large amount of money as the main trading company on July 18, 2016.
In full view of these facts, the defendant has been engaged in transactions after the list of crimes.