All applications filed by an applicant for compensation shall be dismissed.

1. On February 18, 2012, the Defendant against the victim E stated, “In the G office of the Incheon Gyeyang-gu Incheon Gyeyang-gu, the Defendant would pay the victim KRW 33,214,00 in total with food materials equivalent to KRW 33,214,00 for the sealed and seven items, immediately, and pay the remainder of KRW 18,214,00 in total, without recourse, until February 29, 2012.”

However, in fact, the Defendant did not have any intent to pay any balance, such as refusing to pay the balance, even if the Defendant paid 15,000,000 won first and received all food materials from the victim at retail prices. There was no ability to pay the balance due to bad credit standing at the time, and there was no ability to pay the balance.

As such, the Defendant, by deceiving the victim, received food materials equivalent to KRW 33,214,00 from the victim and immediately settled KRW 15,00,000, which are the difference, and acquired the food materials equivalent to KRW 18,214,00, which are the difference.

2. 피해자 D에 대한 사기 피고인은 2012. 3. 26. 서울 강서구 방화동에 있는 국민은행 방화지점에서 피해자 D과 C에게 “내가 식자재 납품업을 하고 있는데, 롯데칠성음료의 과일 통조림(델몬트 후르츠 칵테일)을 현금으로 매입하여 거래처에 판매하면 2주 만에 판매가 완료되고 10%의 이익이 남는다, 구매 자금으로 사용할 80,000,000원을 빌려주면 한 달 후에 원금과 5%에 해당하는 4,000,000원을 이자로 주고, 그때 원금을 다시 빌려주면 위와 같이 계속해서 이익을 남겨 줄 테니 돈을 빌려 달라.”고 말하였다.

However, in fact, the Defendant did not have the ability to repay the profits earned from the victim by selling the fruits in excess of credit at the time. Before the demand increase, the Defendant did not have the intent to repay the money borrowed from the victim within one month. The Defendant purchased other food materials.