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(영문) 대구지방법원 2018.09.20 2018고단44

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Defendant 2018 J. 44 is a person who operated E in C or Daegu Northern-gu D located in G in G and G in G in G in the Halbuk-gun from the end of June 2015 to the beginning of November 2017, from the end of November 2017.

On August 1, 2017, the Defendant stated that “The Defendant would supply food materials to the Daegu area and the prison of the Gyeongbuk-gu area” to the victim at H stores operated by the victim G in the Daegu North-gu, Daegu-gu, that “The Defendant would pay the cost twice a month when the Defendant supplied the dried fish to be supplied to the prison.”

However, the Defendant had no intention or ability to pay the amount normally even if he received the food materials from the injured party, because the amount of the goods to be paid to the other transaction parties at the time was about KRW 5-600 million, and the supply amount to be paid by the school was not made in order due to provisional attachment and the circulation of the funds was not made.

The Defendant, as such, by deceiving the victim, received delivery of dry goods worth KRW 1,197,00 from the victim, around August 7, 2017, from the victim, and thereafter, received delivery of dry goods worth KRW 35,126,730 in total from September 4, 2017, from around 13 times, as shown in attached Table 1.

2. Defendant 201 was operated from June 2015 to November 2017, Defendant 201, who operated E in C and Daegu Northern-gu D located in G in G and Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-si, Gyeongdong-gu, Gyeongdong-gu, from the end of June 2015.

On September 12, 2017, the Defendant called “The Defendant would pay KRW 250,00 at one time when transporting food materials from C to Port Prisons.” The Defendant called “The Defendant would pay KRW 250,000 at one time when transporting food materials from C to Port Prisons.”

However, in fact, the defendant paid the goods to other business partners at the time, and the goods amounted to approximately KRW 5-600 million, and there is a provisional seizure in order for the supply price to be paid by the teachers because they failed to pay the goods in time.