사기
A defendant shall be punished by imprisonment for one year.
except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
The defendant of the Gangseo-gu Seoul Metropolitan Government "C" is a person who operates a distribution company of milk products in Gangseo-gu Seoul Metropolitan Government.
From February 2014, the Defendant concluded that “F” operated by the victim E in Gangseo-gu Seoul Metropolitan Government from around February 1, 2014 and the supply transaction of milk products was conducted, and that “F would normally pay the price to the victim if he/she delivers milk products.”
However, at that time, the Defendant was liable for approximately KRW 250 million, and around September 2014, there was no intention or ability to pay the outstanding amount of KRW 50 million, since the Defendant sold the genetic products to the customer and did not receive the payment. Therefore, even if the products are supplied by the victim, there was no intention or ability to pay the due amount.
Ultimately, the Defendant: (a) by deceiving the victim as above; (b) supplied the victim with tangible goods worth KRW 50,150,424 in total from around that time to November 3, 2014; (c) paid KRW 3,000,000 to KRW 47,150,424 in total; and (d) did not pay KRW 47,150,424 in property profits equivalent to the same amount.
In addition, the Defendant acquired a total of 145,750,424 won from four victims on five occasions from October 1, 2014 to November 3, 2014, as indicated in the attached list of crimes.
The Defendant was a person who operated C in Gangseo-gu Seoul Metropolitan Government, and the Victim G (36 years of age) operated the I Total Sales Agency at G in Gyeonggi Kimpo-si, and the Defendant was supplied with I Products from the beginning of 2012 to September 2013, but was supplied with I Products from the victim, but did not pay 37 million won goods to the victim.
On September 8, 2013, the defendant paid 20 million won out of the unpaid prices of goods to the victim by telephone in order to ensure that the victim can not be properly supplied with goods due to business depression.