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(영문) 대구지방법원 2016.08.11 2016고단700
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 14, 2015, the Defendant is the head of the “F Farming Cooperative” in the “D” located in Jung-gu, Jung-gu, Seoul. The “F Agricultural Cooperative” is the head of the “F Farming Cooperative” that operates rice distribution business, and the “FF Agricultural Cooperative” supplies rice to a wise company, such as Posting steel.

B. To supply rice to B, it shall be limited to the first amount of rice on the face of a week, and to pay cash immediately from the remaining amount of supply.

“A false statement” was made.

However, in fact, since the Defendant’s debt exceeds KRW 100 million without any property, there was no intent or ability to pay rice as agreed to the victim. Moreover, even if the Defendant supplied rice from the injured party, the Defendant raised funds by disposing of it more than the supplied price, and attempted to use most of the victims for the purpose of using the Defendant’s debt repayment and living expenses.

As such, the Defendant: (a) informed the victim of such deception; (b) supplied rice equivalent to KRW 152,495,000 at the market price on six occasions between March 14, 2015 and April 2, 2015; and (c) did not pay KRW 68,496,00 for rice payment to the victim.

Accordingly, the Defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 68,496,00.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s legal statement (not only is consistent and specific, but also there is no inconsistency with other evidence, such as dialogue between the defendant and the victim, and its credibility is recognized);

1. A trading statement, a written confirmation of outstanding amount, an invoice, and a trading statement;

1. Records of each recording;

1. Details of account transactions with G Enterprise Bank;

1. A list of the current status of the purchase and sale of rice of the person to whom the crime was committed (the defendant and his/her defense counsel had no intention to commit the crime of

The argument is asserted.

However, the victim's consistent statement in the investigative agency and this court, and the victim urges the defendant to pay the price, and the defendant.

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