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(영문) 수원지방법원 안산지원 2014.06.25 2014고단954
사기
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A defendant shall be punished by imprisonment for not less than five months.

The request of the applicant for compensation shall be dismissed.

Reasons

Criminal facts

From the end of March 2009, the Defendant made a false statement to the employees C of the Victim B Co., Ltd. on March 2013, 2013, stating that “The Defendant would pay the full amount of the sales price of the goods by the fifth day of the following month at the time of the delivery of the goods on credit.”

However, the Defendant had no property, and was unable to pay approximately KRW 22,30,000 due to credit card payments incurred in 205, 2006, and KRW 49,000,000. Therefore, even if the Defendant was supplied with goods from the victim, there was no intention or ability to pay the price.

Around March 16, 2013, the Defendant received food materials, such as a mobilization cans worth KRW 62,004,242 of the market price, from the victim, as described in the attached list of crimes, from around that time to July 1, 2013, in the following manner: (a) around March 16, 2013, the Defendant received from the victim a large amount of 18,365 won (i.e., 18,365 won).

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. Each police statement of E;

1. Written complaint for, and additional statement of, E preparation;

1. Each investigation report;

1. (States)B and F companies’ trade details, scheduled value-added tax returns, and application of statutes governing lists of sales tax invoices;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The crime of this case on the grounds of sentencing of Articles 32(1)3 and 25(3)3 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc. of Application for Compensation (the total amount repaid by the victim and the scope of compensation, such as the name, are unclear) is deemed inappropriate to issue an order for compensation. The crime of this case is the case in which the defendant acquired goods worth approximately KRW 60 million in the end while continuously engaging in goods transactions with the victim with bad credit standing.

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