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(영문) 광주지방법원 2016.10.13 2016고단1475

사기

Text

The defendant shall be innocent.

Reasons

The summary of the facts charged is a person who is operating a distribution company of c's own c', and the victim D is a person who operates a provider of c's c's own c', E.

On January 1, 2015, the Defendant made a false statement to the victim, stating that “The land in the name of 1,980 square meters is equal to that of 1,980 square meters. When disposing of the land, at least 500 million won can receive her disposal, it is believed that she will be able to receive her credit, and that she will be supplied with her credit.”

However, in addition to the existing credit amount of KRW 82,00,000 for E, the Defendant had a debt of KRW 211,30,000 for all kinds of financial institutions and a debt of KRW 280,00 for family members and branch members. C was in a state where only the deficit was accumulated and there was no particular income. The above F land with a half of the Defendant’s share was located within the development-restricted zone and its substantial value is below KRW 350,00,00,000, and thus, the Defendant did not have a capacity to pay the said amount even if he was supplied with a chickens by the victim.

The Defendant was supplied with a chickens equivalent to the sum of KRW 447,750,450 from January 1, 2015 to September 30, 2015 by the victim, and acquired considerable pecuniary benefits by failing to pay KRW 126,325,172 out of the price.

However, the defendant asserts to the effect that he was supplied with chickens from the victim and did not have to pay part of the price. However, the defendant merely did not pay part of the total transaction price as the business was difficult and as a result, it did not pay it.

Witness

If the testimony and evidence of D and G are comprehensively examined, the following facts can be recognized:

In other words, the defendant and the victim have been exchanged more than once every month from 15 to 20 years through meetings, etc., and they have been accumulated for a long time.

(2) The Defendant began to continuously trade the chickens from around 2013 to E of the victim.