beta
(영문) 의정부지방법원 2016.06.16 2015고합72

사기등

Text

A defendant shall be punished by imprisonment for eight years.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On August 5, 2014, the Defendant was sentenced to four months of imprisonment for embezzlement at the Incheon District Court, and the judgment became final and conclusive on April 29, 2015.

"2015 Gohap 72"

1. The defendant's sole crime;

A. The Defendant against the victim D, on May 2013, 2013, paid the price to the victim, who runs a wholesale business in the name of “G” from the “F office” office operated by the Defendant in Jung-gu Incheon, Jung-gu, Incheon, with the trade name of “G”.

“A false statement” was made.

However, the Defendant, at the time, was liable to pay approximately KRW 450 million to the Defendant, and the so-called revolving settlement was made due to the lack of the ability to repay the obligation to pay the goods to various suppliers, and thus, there was no intention or ability to pay the said price according to the promise even if the goods are supplied by the injured party.

On June 13, 2013, the Defendant, by deceiving the victim and being supplied with 16,290,430 won at the market price, such as the domestic air conditioners, swine 569.6km, etc. around June 13, 2013, and was supplied with 239,502,60 won at a total of 6 times until the 21st day of the same month, as shown in the attached list 1 of the daily list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

B. On June 15, 2013, the Defendant would give the victim payment one week after the purchase of agricultural products at the office described in paragraph 1(a) at around 15, 2013.

The phrase “ makes a false statement.”

However, even if the defendant receives agricultural products from the damaged person as described in paragraph 1(a), he did not have any intention or ability to pay the price as agreed.

The Defendant, as such, by deceiving the victim and being supplied with agricultural products equivalent to KRW 9,488,500 at the market price on the same day by the victim, shall be included in the same year.

7.8. By 8.00.00 the sum of the market prices over 23 times, such as the part of [Attachment 2] List of Offenses.