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(영문) 제주지방법원 2016.08.10 2016고단107

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, “2016 Highest 107,” established and operated C Co., Ltd. (A) with the main business of distributing meat from July 2, 2014 to October 22, 2015.

1. On July 3, 2015, the Defendant: (a) around July 3, 2015, at the Defendant’s office located in Hando-Eup, Jeju-do, 783-1, and (b) the Defendant began to engage in the meat distribution business based on the borrowed money from the North Jeju Saemaul Bank, etc.; (c) the Defendant was unable to pay the debt due to the failure to operate the business from the beginning; and (d) even though the Defendant was unable to receive the meat from the beginning, he did not have the ability to pay the money normally even if he was supplied, the Defendant acquired the money from the employees D of the said victim company, who did not know of the fact, to the effect that “I would necessarily pay the price if he would continue to supply the meat,” and from around that time to August 18, 2015, the Defendant acquired the total amount of the money owned by the victim from D to deliver it to KRW 12,86,750,00.

2. On September 4, 2015, the Defendant against the victim E was at F located in Jeju City, the victim “E” office operated by G, and the Defendant was faced with debt accumulation and business depression as stated in the foregoing paragraph 1, and the Defendant was at the time of not paying the credit payment for the company, the business partner, and was at the time of not paying the credit payment for the company, the business partner, and even if receiving the cash payment from the victim, it was difficult to pay the said money properly.

Nevertheless, the Defendant, for G with no knowledge of such circumstances, received a total sum of KRW 1,483,360 from G to October 2, 2015, from G to “the prime payment of the price upon delivery of the money,” and acquired the money from G to October 2, 2015.

3. The criminal defendant against the victim H on September 2, 2015.