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(영문) 서울남부지방법원 2016.11.02 2016고단2076
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Judicial Power] The defendant was sentenced to a suspended sentence of six months for violating the Labor Standards Act at the District Court on June 25, 2015, and the above judgment was rendered for the same year.

7.3. Finality has been established.

[2016 Highest 2076] The Defendant, who had operated static points with the trade name “D” in Dongjak-gu Seoul Metropolitan Government C and 101, made a false statement to the victim E on August 21, 2014, stating that “The Defendant would pay the highest price in cash within 12 days by selling the meat at the main store in which the swine machine was supplied.”

However, even if the defendant was supplied with pigss from the victim, he did not have any intention or ability to pay the price normally to the victim by selling the pigss for the purpose of paying his debt.

The Defendant, as such, by deceiving the victim, received a total of 38,916,150 won of pigs from August 23, 2014 to September 2, 2014 from the victim.

[2016 Highest 3669] The Defendant is the representative of G Co., Ltd., a wholesale and retail company of livestock products in F from March 29, 2013 to the Gyeonggi-si.

On August 20, 2013, the Defendant made a false statement to the effect that “The Defendant would supply the victim with the swine machine to the G and pay the price by selling it on the face of the week in the operation of the victim I in Dongdaemun-gu Seoul, Dongdaemun-gu.”

However, in fact, from May 2013, the Defendant was suffering from the shortage of funds to the extent that the said G worker’s wages were not paid from time to time, and even in addition, the J did not pay the price for the goods to other business partners, and thus, there was no intention or ability to pay the said price even if the said G worker was supplied with the money from the victim.

The Defendant deceiving the victim and caused the victim to do so at that time, and caused the victim to do so to do so, and caused the victim to do so to do so in the above G, such as cooling batteries in an amount equivalent to 6,466,409 won in total, air conditioners, air conditioners, and air conditioners overlap.

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