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(영문) 대전지방법원 천안지원 2014.01.17 2013고정1232
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has sold goods with the trade name B in the Yanan City and Asan City.

Around October 2011, the Defendant stated to the victim C that “I would pay the price immediately if I would deliver the fishery products and livestock products. I would pay the price.”

However, the Defendant operated a business by selling the goods supplied by the victim to consumers at a lower price than the supply price, and was unable to pay the price normally to the victim. In addition, there was no intention or ability to pay the price within the period agreed upon by the victim because there was no special property in excess of KRW 10,000,000 to the bank, etc.

The Defendant, by deceiving the victim as above, did not pay the amount of KRW 14,729,70,700, while being supplied goods equivalent to KRW 19,587,500 from October 22, 201 to November 15, 201, at a store located in Asan-si Hot Spring Port, Asan-si, and thereby gaining pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the suspect by the prosecution against the defendant or D;

1. Statement of the police statement regarding C;

1. Complaint and materials submitted by complainants;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the facts charged is a person who has sold goods with the trade name B from the Yanan City and Asan City.

On June 201, the Defendant stated that “A victim C is supplied and sold various goods at a store, and would pay the price immediately if the fishery products and livestock products are supplied.”

However, the defendant was operated in a manner that sells goods supplied by the victim to consumers at a lower price than the supply price, and it was not possible for the victim to pay the price normally.

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