(영문) 서울동부지방법원 2016.11.16 2014고단3529

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(영문) 서울동부지방법원 2016.11.16 2014고단3529

사기

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of one year.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. "2014 Highest3529" (Defendants);

A. Defendant A is a person who operated G, a company that sells cattle or pigs by-products of cattle, or pigs by-products of cattle, or a company that sells them by collecting and selling the well-known oil level (which is called “living place”; hereinafter “living place”).

On January 201, 201, the Defendant, through I, who is an employee of the Victim H, the victim’s representative, a company processing and distributing by-products of livestock industry, at an infinite place located in the Gun of Jeollabuk-do, Jeollabuk-do, stating that “The Defendant would promptly return the security deposit if it is not possible to supply it to the victim’s representative.”

However, on January 19, 201, prior to the conclusion of the contract with the victim, the Defendant had already been supplied with the Defendant (i.e., the so-called “former,” K and L by-products, and (ii) had not been supplied with the Defendant, and there was no longer a place to be supplied with the Defendant. Furthermore, prior to entering into the supply contract with the victim, the Defendant entered into the supply contract with M by-products suppliers of the livestock industry with B, and did not supply the goods to the Defendant. On January 19, 201, the Defendant did not have any intention or ability to supply the goods to the victim, even though the Defendant entered into the supply contract with U.S., the by-products supplier of the livestock industry, along with the above livestock industry, and received KRW 100 million with the deposit.

In addition, the Defendant failed to repay the obligation of the deposit amounting to approximately KRW 97,60,00,000 to Masung, Co., Ltd., a by-products distributor of livestock industry, which has been traded in the past, and on December 24, 2010, the Defendant applied for voluntary auction on the apartment owned by the Defendant in the above Masung, etc., and the deposit received from the victim shall be used for the return, etc

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