logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.11.27 2013고단5388
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2012, the Defendant stated that “E” restaurant in the “E” restaurant operated by the Defendant located in the D University located in D University C, through F, the head of the cooking team of the said restaurant, supplied food materials to G, who is an employee belonging to the victim (E) presses. The food materials cost would be paid by the 10th day of each month: Provided, That the food materials cost would be paid by the 10th day of February, 2012, because the food materials cost was non-payment period, and the food materials cost would not be paid by the end of March, and the Defendant would be paid in full by April.”

However, in fact, the Defendant, without any particular property, had a liability of approximately KRW 150 million to a large number of debtors, and the unpaid amount of taxes was about KRW 120 million. The Defendant failed to pay the amount of the goods normally to a large number of suppliers, such as H, who supply the goods to the above restaurant. Since the Defendant was in arrears with the wages of employees working in the above restaurant, there was no intention or ability to pay the amount of the goods until the scheduled date even if he was provided with the food materials from the victim.

The Defendant received food materials equivalent to KRW 12,515,370 in total from around January 9, 2012 to around March 17, 2012, including those supplied with food materials equivalent to KRW 12,515,370 from around that time to around March 17, 2012.

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

Summary of Evidence

1. Part of the defendant's statement in court (the defendant does not recognize the crime of defraudation, but it is recognized that the criminal of defraudation of the defendant is committed in full view of the financial status, business status, etc. of the defendant as at the time of

1. Each statement of I among the suspect interrogation records of each prosecution against the accused;

1. Statement of the police officer to I;

1. Protocol of postal service by witnesses to J;

1. Complaint;

1. Application of the Acts and subordinate statutes on payment orders;

1. Criminal facts;

arrow