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(영문) 인천지방법원부천지원 2020.10.08 2020고단548
사기
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant operates the “Catte” in Bupyeong-si B.

On June 28, 2019, the Defendant made a telephone call to the representative E of the victim D, a food distributor, to the effect that “The payment will be made on a 10-day basis on the face of the supply of meat to the Cmaart.”

However, in the process of accepting marinas from F in the name of mother-child around August 2018, the Defendant was liable for the total amount of KRW 220,000,000 in order to pay the acquisition price, and incurred damages equivalent to KRW 50,000 due to the discovery of defective goods on the stock acquired from F. Furthermore, the Defendant was suffering from financial difficulties, such as filing a petition for bankruptcy on or around November 2018, due to failure to pay the debt amounting to KRW 170,000,000 that occurred on or around 2010, and there was no particular income or property if excluding marina operating income. Even if marina operating income did not occur, the Defendant did not have any intention or ability to pay the existing debt or expenditure the marina operating expenses on the date of promising the payment on the date of promising the payment.

Nevertheless, the defendant deceivings the victim as above, and such deceivings the victim from June 29, 2019 to the same year.

7. Around 16.16. The person received an accusation equivalent to KRW 5,075,245 in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. In cases of investigation reports (in cases of documents, such as details of receipt funds to be submitted to A by suspects, etc.) and accompanying documents;

1. Summary of shipment;

Application of the Acts and subordinate statutes of Cheong, Statement of Transactions

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for criminal facts;

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

1. The amount of damage caused by sentencing under Article 334(1) of the Criminal Procedure Act does not exceed the amount of a fine, and the damage is not recovered, and the suspension of execution due to the violation of the Military Service Act is excluded.

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