(영문) 부산지방법원 서부지원 2018.02.12 2017고단853

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(영문) 부산지방법원 서부지원 2018.02.12 2017고단853

사기

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The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant, as the operator of pipeline parts sales chain C, agreed to pay the amount by the end of each month from October 18, 2013 to September 30, 2016 to G employees of the victim E in Gangseo-gu, Busan, to pay the amount, and received a total of KRW 46,822,740 from the pipeline-related parts.

However, since the Defendant’s operation became difficult due to the accumulation of the enemy, and around May 2014, the Defendant was liable to pay KRW 150,000,000 to financial institutions with an average of KRW 70,000 per month by other companies, except the victim, but the Defendant did not have any intent or ability to pay the amount normally even if the Defendant received parts from the injured party due to the excess of KRW 5,00,000 per month.

As a result, the Defendant received property amounting to KRW 46,822,740 from the injured party.

2. Determination

A. Whether fraud is established through the defraudation of transaction goods shall be determined by whether the Defendant made a false statement as if the victim would change his/her obligation, even though there was no intent or ability to repay the obligation for the supply of goods at the time of transaction. As such, it was impossible to repay the obligation for the supply of goods due to changes in economic conditions after the delivery.

Therefore, it cannot be deemed as a crime of fraud (see Supreme Court Decisions 2002Do5265, Jan. 24, 2003; 2005Do7481, Nov. 24, 2005; 2005Do7481, Nov. 24, 2005, etc.). In the course of a transaction conducted in the course of the execution of the project, where the nonperformance of the obligation is predicted, and the issue of a crime of fraud against the corporate manager is the result of the occurrence of the failure to perform the obligation, it can be deemed as having been done according to the circumstances, since the company

It was predicted that the debtor did not have an intent to repay the debt solely because he could have predicted the debt.

decently determining the origin of a crime according to the results of the occurrence.

참조판례

-대법원 2003. 1. 24. 선고 2002도5265 판결

-대법원 2005. 11. 24. 선고 2005도7481 판결

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