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(영문) 서울남부지방법원 2012.10.11 2012고단1297

사기

Text

Defendant

A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[2012 Highest 1297] Defendant A is a substantial operator as a representative of D.

On August 25, 2011, the Defendant made a false statement to the effect that “The Defendant would sell rice at present and pay the price by selling it to the victim F,” from the G operation of the victim F in Sungsung-si.

However, in fact, at the time, the defendant was liable for the debt of 90 million won or more, and the interest that should be paid in one month was difficult to reach an economic level of 10 million won. As such, the rice price already supplied on credit in other places was not paid. Therefore, even if the rice price was purchased on credit from the victim F, there was no intention or ability to pay the price.

As such, the Defendant, by deceiving the Victim F and received from the Victim, rice equivalent to KRW 8,550,000 from the Victim’s seat.

In addition, the Defendant received from July 1, 201 to November 24, 201 of the same year the total amount of KRW 275,149,000 from five victims over 19 times, as shown in the attached list of crimes.

[2001] Defendant A made a false statement to the effect that, around November 3, 2011, at D offices located in Geumcheon-gu Seoul Metropolitan Government H, Defendant A made a false statement to the effect that, “The victim I would obtain grain first and receive a stable supply.”

However, the fact was that at the time the defendant was unable to pay the rice price that was already on credit in other places, and there was no intention or ability to supply grain even if he was paid the grain price in advance by the victim I.

In other words, from the victim's seat to the deposit account in the name of the defendant in the name of advance payment for grain, the defendant is worth KRW 10 million.