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(영문) 부산지방법원 동부지원 2016.09.22 2015고단1673
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be liable to the applicant B for the compensation of KRW 59,395,00,00.

Reasons

Punishment of the crime

1. The Defendant’s occupation and the relationship between the victim was engaged in the wholesale business of cultivated fish in the name of “D”.

Victim B (39) without any trade name, the Victim B (39) committed a sublime and delivered to the Defendant, with the name of the head of the fish farm in the Hanam-dong E, the victim C (45) was a person operating the head of the fish farm in the name of "G" from the Gyeongnam-gun, Gyeongnam-gun, the Namnam-gun, the victim was a person operating the head of the fish farm in the name of "G".

In this respect, in general, since October of the iron produced, it was supplied to wholesalers from the next year to the next year, and thereafter the supply was suspended, but the new supply was commenced from October of the year.

2. The defendant's committing fraud;

A. The Defendant committed fraud against the victim B, from around 2010 to February 2012, 2010, did not make any transaction at all during the 2013 year.

On the other hand, since around November 2013, the Defendant accumulated the enemy of “D” operated by the Defendant (as of the end of the year 2013, the enemy reached KRW 120,000) and continued the so-called “return prohibition” type of business that pays the pre-paid sublim credit payment with the proceeds that he received and sold sublime because of normal business difficulties. On the other hand, while the amount that the Defendant did not pay to other sublime than the victims exceeds KRW 100,000,000, the Defendant’s net property value remains almost remaining, and thus, he is supplied sublime from the year 2014.

and it has become difficult to pay the price according to the promise.

Nevertheless, the Defendant, on January 1, 2014, supplied sublime credit to the victim as if he did not have the intent or ability to pay the whole price, even if he received sublime fish from the injured party, and if he did not have the intention or ability to pay the whole price, the Defendant supplied sublime to the victim on credit from the Saturday to Sundays.

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