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(영문) 서울남부지방법원 2016.08.17 2015고단3129
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 201, 201, the Defendant: (a) the Defendant: (b) was working for the victim C with D, who supplied the previous feed at a place where the Defendant was on the early police officers, and was working for the domestic feed industry; and (c) through the aforementioned D, the Defendant would immediately pay for the amount of the value of the feed upon which the Defendant supplied the victim C with the livestock feed on credit.

A false statement was made.

However, at the time of the commencement of Salian business, the Defendant provided real estate in E and F as collateral, and was supplied with feed. The Defendant was unable to pay approximately KRW 100 million on credit with bad credit, and the Defendant was not in a state of bad credit with no property in his/her name, as well as his/her personal debt was 20 million won, so even if he/she was supplied on credit by the injured person, there was no ability or intent to pay the full amount of feed normally within one week.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) from July 7, 201 to August 24, 201, the Defendant was supplied with a total of 85,970,950 tons of feed of 150.565 tons on 14 occasions from around July 7, 2011 to around August 24, 201.

2. On August 201, 201, the criminal defendant against the victim G would pay the amount immediately if he/she supplies the cat to the victim at the I farm operated by the victim G in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gu H.

A false statement was made.

However, the facts are that the Defendant does not begin with the sick business itself as described in paragraph 1, but did not have any ability or intent to pay the price normally within one week, even if the Defendant had been supplied cherck from the injured party because the Defendant had already been in excess of his/her obligations, such as the previous feed of KRW 100 million and the feed of KRW 100 million, and not the individual debt of KRW 20 million.

Nevertheless, the Defendant, as seen above, was issued a total of KRW 26,353,00 on seven occasions from September 9, 201 to October 30 of the same year by deceiving the victim, thereby allowing the victim to receive a delivery of earth and sand equivalent to KRW 26,353,00 from around September 9, 201.

(i) the evidence;

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