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(영문) 서울중앙지방법원 2012.06.04 2011고단4571
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, while operating C Co., Ltd., received the supply of C produced by D and supplied it to branches nationwide.

From June 2008, the Defendant stated that “C is a new gift, which is an eco-friendly fertilizer, and is the only domestic fertilizer extracted from nature, and does not entirely harm human body or soil, and thus business prospects are good. The fertilizer market to enter into overseas has also been wide and there are many points. The south branch has also raised KRW 500 million in sales as above.”

1. On August 20, 2008, the Defendant made a false statement that “The Defendant supplied fertilizers to the Office, and the official in charge of the Office made a business trip while traveling abroad and paid money to the victim. The Defendant borrowed money from the Office only one month of full payment with the payment from the Office.”

However, there was no money to be received from the government office, and there was no intention to repay the money from the victim from March 2008, such as from around March 2008, there was no good financial standing of the defendant's company, and there was no intention to repay the money within one month.

Around August 208, 2008, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim with the Agricultural Bank Account (Account Number: G) of the CF from the victim.

2. Around September 25, 2008, the Defendant stated that “Around September 25, 2008, the Defendant borrowed 10 million won for the Plaintiff to pay the money to the Plaintiff,” and that “Around the south branch of the Sea, the Defendant would first pay the money to the Plaintiff, with the amount of KRW 40 million to KRW 50 million to KRW 50 million.”

However, the fact that the defendant operated at the time was not sufficient financial resources such as delinquency of monthly salary of the employees, and the fertilizer supplied to the south branch was not only more than KRW 30 million, but also not immediately paid the price.

The defendant deceivings the victim as such.

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