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(영문) 수원지방법원 안양지원 2019.08.30 2019고단474
사기등
Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, the defendant B is subject to objection.

Reasons

Punishment of the crime

"2019 Highest 474"

1. From February 14, 2018, Defendant A, the representative of the Co., Ltd., a livestock product wholesale and retail corporation, purchased and continued transactions from the Co., Ltd., the victim Co., Ltd., which had manufactured and sold the cash-free meat products, Defendant A, from around February 14, 2018, was anticipated that the victim company would not supply the products to the Defendant. The fact that Defendant A was anticipated to have accumulated outstanding amounts and that the victim company would not supply the products to E, even though there was no contract to supply the products to E, the fact that Defendant A did not intend to supply the products to E, a superior company

The Defendant, around April 18, 2018, sent a written statement of transaction with E prepared by the Defendant to the employees G of the victim company, the Defendant stated, “The Defendant will supply the entire amount of the cash cash products to E and pay the price for supply as the price of supply is settled after 20 days.”

However, due to the absence of a supply contract with E, the defendant did not have the intent and ability to pay the price to the victim as the victim receives the payment after delivering it to E even if he is supplied with the fixed cash cash product from the victim.

The Defendant received from the victim 437,218,530 won at the market price on the same day on the same day the 45,813 km of frozen meat products.

Accordingly, the defendant was given property by deceiving the victim.

"2019 Highest 856"

2. Defendant A’s fraud is a person who operates a livestock products distributor with the name of the stock company C (A at the time of the case) located in H at the time of the Government-si.

On January 2017, the Defendant stated that “The Defendant would immediately pay the processed amount after 7 days from the date of supply to the victim,” at the Office of Government Branch of L Office of Government Branch of the Victim K, which is under the jurisdiction of the Republic of Korea, the Defendant called that “the Defendant would supply the victim on credit.”

However, in fact, the above I not only operated as the enemy but also bears obligations such as the outstanding amount of about one billion won.

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