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(영문) 대구지방법원 2017.02.10 2016고단1220
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal records] On February 19, 2016, the Defendant was sentenced to a suspended sentence of two years for six months for fraud at the Daegu District Court, and the judgment became final and conclusive on February 27, 2016.

[2] The Defendant is a person who operates the G Agricultural Cooperative Corporation E (hereinafter “E”) for the purpose of collective meal service facility food sales business in Yeongdeungpo-si, Young-si and the purpose of food service, food service, food re-sale, etc. in Busan-si.

1. On December 1, 2014, the Defendant, at the sale market parking lot located in the Daegu Nowon-gu Nowon-gu, Daegu Nowon-do, acting as if the victim I who operated H, supplied food materials to the victim I who operated H, and paid the settlement amount up to the following month.

However, the Defendant had no intention or ability to pay the price within the given period, even if the Defendant received the price from the injured party as above, because it continued to accumulate the enemy from August 2014, and the amount of the obligation at that time exceeded 400 million won, and there were circumstances under which the Defendant had to supply the food materials supplied by the injured party to the school again and pay the existing debt.

The Defendant received food materials equivalent to KRW 8,746,590 from the injured party on the same day, and received food materials equivalent to KRW 8,746,590, from that time, from that time to April 3, 2015, by deceiving the injured party on 61 occasions, as shown in attached Table 1 of sight of crimes.

2. On December 1, 2014, the Defendant acted as if he would pay the settlement amount up to the following month when he supplied food materials to the victims M who operate L, from K in the Jeju-siJ on December 1, 2014.

However, the defendant did not have the intent or ability to pay the price within the time limit even if he received the above delivery from the injured person due to the same reasons as the statement in paragraph 1.

The defendant was supplied with salted fish (sled fish) equivalent to 14,040 won on the same day from the injured party, and the defendant was subed in attached Table 2 of the sight of crimes.

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