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(영문) 대전지방법원 2015.01.16 2014고단1627

사기

Text

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

Reasons

Punishment of the crime

[2014 Highest 1627] The Defendant is a person engaged in ginseng processing business under the trade name of “C”.

On June 2013, the Defendant made a false statement to the victim E, who became aware of the introduction from the low temperature warehouse of the community credit cooperatives located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant: “The husband in Korea is the president of the FFC, and the ginseng processing business called FFC. The husband in Korea is operating the ginseng processing business. If the Defendant supplied the ginseng to the Na, the Defendant would sell the ginseng by processing and selling it, and adjust the ginseng price by making it possible to do so.”

However, at the time of fact, the defendant was liable for the debt amounting to 600 million won borrowed from the bond company while the office rent was not paid, while there was no other property, and even if he was supplied with ginseng from the victim, he did not intend to repay the bonds of the defendant, and there was no intention or ability to pay the money to the victim.

Nevertheless, the defendant deceivings the victim as above, and is in its jurisdiction from June 11, 2013 to the same year from the victim.

9. By April 15, 190, according to the evidence stated in the judgment below, 328,821,000 won through 328,821,00 won, the amount of the charge brought to the accusation shall be deemed as 407,761,00 won, which shall be calculated by subtracting the amount of 78,940,000 won which is judged not guilty below from the above amount.

his own ginseng was supplied.

[2014 Highest 3063]

1. At around 15:00 on May 11, 2013, the Defendant made a false statement to the victim H that “The Defendant would have to prepare a large number of ginseng in the Republic of Korea with the Y of the Defendant’s operation in the Geumsan-gun G, Geumsan-gun. Sheed that the Defendant would have dried up the raw ginseng of the Republic of Korea with the inside of the Republic of Korea (which did not do so) as much as possible.”

However, in fact, the defendant had a debt of KRW 200 million to the bond company at the time and should pay KRW 340 million for the ginseng price of E, other creditors, and is supplied with ginseng from the victim due to personal debt.