(영문) 서울남부지방법원 2017.10.26 2016고단5634

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(영문) 서울남부지방법원 2017.10.26 2016고단5634

사기

Text

The defendant shall be innocent.

Reasons

1. On June 15, 201, the Defendant: (a) around 13:00 on June 15, 201, at the E office of the 12th floor victims of the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government C Building, the Defendant supplied the victim with group food materials to the restaurant at the G or its construction site; (b) if the Defendant supplied food materials to the same, the Defendant would pay the cost by the 20th day of the following month.

The phrase “ makes a false statement.”

However, at the time of concluding a contract with the victim, the F Co., Ltd. did not have the right to supply food to G, and there was no smooth supply of food materials to restaurants at the G construction site, and it did not receive the food materials from the other transaction parties and did not pay the cost. On September 8, 201, the outstanding amount reached about KRW 340 million. As of the end of September 201, the total amount of the debt exceeds KRW 50 million, and even if the food materials are supplied from the injured party, there was no intent or ability to pay the cost.

As above, the Defendant, by deceiving the victim, received food materials equivalent to KRW 149,416,366 from the victim on June 30, 201, and received food materials equivalent to KRW 19,00,000 on July 1, 201, and received food materials equivalent to KRW 39,187,50 on July 4, 201, and received food materials equivalent to KRW 264,603,866, in total, from the victim.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant did not have the intent or ability to pay the price at the time of entering into the food supply contract with the victim.

It is difficult to view the witness D’s statement as it is in good faith in light of the background and result of the accusation against H and the Defendant, and the Defendant cannot be viewed otherwise solely on the ground that there was a large amount of outstanding amount, such as the written indictment, after concluding a contract for food supply with the victim.

(a) H may enter into a contract with the Defendant at the construction site in spring of 2011.

유사 판례

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-인천지방법원 2017.02.14 2013고정1878