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(영문) 부산지방법원 2016.10.19 2016고단5003
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 2, 2016, the defendant was sentenced to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and six months of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on September 10, 2016.

The Defendant operated a fishery products supplier company with the trade name of “D” and “E” in Busan Jung-gu.

1. Around February 28, 2014, the criminal defendant against the victim F made a false statement to the victim F by stating, “The victim F will pay the price by the 15th day of the following month, on the face of supplying ice,” at the H Association located in Busan Jung-gu G.

However, in fact, the Defendant had no intention or ability to pay the price even if he was provided with ices from around 2013 to the other business partners, such as the Defendant failed to pay the price of 200 million won, and the Defendant was liable to pay the price of 5 million won as interest per month due to other obligations equivalent to 80 million won.

As such, the Defendant, by deceiving the victim and being supplied with ices equivalent to KRW 703,50 from the victim’s seat to the victim’s seat, had not paid the price from December 31, 2014, and did not pay the price, and did not pay the price to the victim the sum of KRW 13,325,000 on a total of 11 occasions, such as the attached list of crimes (1).

2. Around November 20, 2014, the criminal defendant against the victim I made a false statement to the victim I, “If he/she supplies fish and shellfish to B during a month, he/she will pay the amount on the 10th day of the following month.”

However, even if the defendant is supplied with fish and shellfish from the victim, the defendant did not have the intention or ability to pay the price for the same reason as Paragraph 1.

As such, the Defendant, as indicated in the separate sheet of crimes (2) from November 1, 2014 to April 2, 2015, by deceiving the victim and being supplied with fish and shellfish equivalent to KRW 2,206,00 from the victim’s seat, was not paid.

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