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(영문) 의정부지방법원 2020.08.10 2020고단139
사기
Text

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

Reasons

Punishment of the crime

The Defendant is a person who purchases rice for group meal service among “C” in Seoul, Jung-gu, Seoul, and supplies them to schools.

On November 23, 2009, the Defendant concluded a false statement that “If rice is supplied on credit to the extent of KRW 50 million, the price will be paid within 45 days” to E, the captain of the victim D-Offset shop.

However, at the time of fact, the Defendant had been in the state of the operation of the company since August 2009, and was liable for the amount of KRW 70 million, and was planned to use the rice from the victim to the school and to pay for the urgent debt even if he received the rice from the school, so there was no intent and ability to pay the rice even if the rice was supplied by the victim.

Ultimately, by deceiving E, who is an employee of the victim company, the Defendant obtained on February 24, 2010 from the victim company the F rice 20kg 405 gg on February 24, 2010 (the total amount of KRW 34,500, KRW 13,972,500 on March 4, 2010 (the total of KRW 13,800,000) of the F rice 20kg 400 g on March 11, 2010 (the total of KRW 12,075,000), and acquired the rice total of KRW 20kg 380 ggg g 380 (the total of KRW 13,110,000) on March 17, 2010 from the victim company and acquired the rice amount of KRW 529,500 on March 4, 2010.

The Defendant is a person who purchases rice for group meal service in wholesale and supplies it to schools under the trade name of “C” in Seoul Jung-gu, Seoul.

On January 26, 2010, the Defendant made a false statement to the victim G by phoneing the victim G at the above C office, stating that “I would pay for the price of supply to a policeman during the following month of delivery of miscellaneous grain. I would like to pay for the price of supply to a policeman in the middle of the following month.”

However, the Defendant was in difficult circumstances to operate the company from around 2009, and was liable for the amount equivalent to KRW 60 million. Even if the Defendant supplied rice to the school after receiving the rice from the victim and received the payment from the school, the Defendant was planned to use the rice for the payment of the existing obligation, and thus, even if the Defendant was supplied with rice from the victim, the payment shall be paid.

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