(영문) 대구지방법원 2019.08.20 2018고단5229

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.08.20 2018고단5229

사기

Text

A defendant shall be punished by imprisonment for a term of one year and ten months.

Reasons

Punishment of the crime

From July 2010, the Defendant operated an agricultural and livestock products distributor with a trade name, “C” located in Seo-gu, Seo-gu, Seoan City.

"2018 Highest 5229"

1. On the beginning of December 2017, the Defendant made a false statement to the victim D that “The Defendant would immediately pay the amount after the lapse of a week from the delivery date of the Chinese flag to the victim D” office at the above “C” office.

However, the Defendant, at the time, was liable for the debt amounting to KRW 120 million and was not paid to the Customer, and was economically difficult to receive demands from the Customer. After receiving the delivery of the Korea-Japan from the Victim, the Defendant immediately planned to dispose of the said device in the cost to repay other debt in so-called “competing” manner, and there was no intent or ability to pay the amount normally even if it was supplied by the Victim.

Nevertheless, the Defendant was supplied by the victim with the amount equivalent to KRW 9,040,220 on the 13th day of the same month, the amount equivalent to KRW 7,445,10 on the 15th day of the same month, and the amount equivalent to KRW 7,887,650 on the 20th day of the same month, and did not pay the amount.

Accordingly, the defendant deceivings the victim and defrauds the property amounting to KRW 24,372,970.

"2019 Highest 1418"

2. On December 8, 2017, the criminal defendant against the victim E told the victim E to pay the price of goods within 10 days from the week from which he/she supplied the good. If he/she fails to pay the price of goods, he/she will be responsible for all civil and criminal parts.”

However, the Defendant did not have any expected profit because of the aggravation of the financial situation of the company operated at the time, and there was no particular amount of personal debt, and there was a situation in which the personal debt was approximately KRW 40 million and the other transaction partners did not pay approximately KRW 80 million for the goods, so even if the Defendant was supplied with the goods from the victim.

유사 판례

-서울동부지방법원 2015.01.29 2014고단1195

-대구지방법원서부지원 2020.11.04 2019고단2998

-수원지방법원 여주지원 2021.04.27 2021고단175

-서울남부지방법원 2020.02.11 2019고단3962

-서울북부지방법원 2015.08.27 2015고단468