사기등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
[2014 Highest 1084] On October 31, 2011, the Defendant made a false statement to the victim C that “When the Defendant supplied Tranchis on credit with materials to manufacture the Tran(cos, coaches, ice, and poppy), the price would be paid without delay on the last day of the following month.”
However, the fact that the defendant was at the time when he closed down his business due to the business shortage of the defendant, the bank loan reaches KRW 400 million, the obligation to the customer was at least KRW 150 million, and the sales did not have the intent or ability to settle the price up to the following month even if the defendant was supplied with the above materials by the victim under the circumstances where the sales were reduced rapidly.
The Defendant received materials equivalent to KRW 47,880,635 in total from around October 31, 201 to around December 30, 2011, including where he/she received franchise materials (coun, etc.) equivalent to KRW 2,784,90 from the victim.
Accordingly, the defendant was given property by deceiving the victim.
[2015 order 287] The Defendant, while operating the franchise manufacturing company in the trade name of Namyang-si E, was supplied with coaches, etc. from the victim F and manufactured and sold the franchise, and the Defendant was unable to continue to operate the said D due to the shortage of business funds due to the lack of business funds, such as imposing about KRW 30 million on the victim.
On May 18, 2010, the Defendant transferred machinery and equipment and raw materials to the victim as a repayment for debt amounting to the total market price of KRW 37,330,000, which was used in the above D around May 18, 2010, and thereafter, from December 201, the Defendant was engaged in franchise manufacturing, selling, and collecting money as a member of a franchise manufacturing and selling business entity that mutually changed from the same place to G.
1. Around October 24, 2011, the Defendant: (a) around the time when he/she collected 5,880,000 won from I operating the franchise supply price from the said G business establishment, which is a trader of the said G; and (b) was kept in custody for the victim.