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(영문) 부산지방법원 서부지원 2018.12.14 2018고단1250
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated a restaurant with the trade name of “D” in the Jung-gu Incheon Metropolitan City’s 1st floor, and the victim E is a victim E, victim G, victim I is a “H”, victim I is a “J (K)”, and victim L is a person who operated food materials supply business in the trade name of “M” and supplied food materials, etc. to the Defendant.

1. On January 8, 2016, the criminal defendant against the victim E would pay the price for supply in cash to the victim E immediately after he/she supplies food materials.

The phrase “ makes a false statement.”

However, in fact, the Defendant had a debt worth KRW 30 million to the lending company at the time, and had to pay interest of KRW 2 million each month to the bond company, and had to pay interest of KRW 8 million on the daily day due to the bond company's debt amounting to approximately KRW 8 million to the bond company, and had been in an economically difficult state due to the accumulated deficit of the middle restaurant, which was not mandatory insurance and the employee's benefits were not paid properly. Therefore, even if the Defendant received food materials from the damaged person, there was no intention or ability to pay the cost immediately.

Nevertheless, Defendant 1 received food materials equivalent to KRW 9,630,516 in total from around 42 times to April 1, 2016, including the fact that he/she received 173,500 pigs from the injured party on the same day at a restaurant among the above day, and received food materials equivalent to KRW 9,630,516 in the same way from around 200 to around 1, 2016.

2. On January 6, 2016, the criminal defendant against the victim G by deceiving the victim G in the same manner at the same place, and deceiving the victim G, received food materials equivalent to KRW 609,600 from the above victim at the restaurant among the above days on the same day from the above victim and received food materials equivalent to KRW 609,600 in the restaurant among the above days, as shown in attached Table II of Crimes List II, from around that time to March 31, 2016, totaling KRW 3,937,400 by the same method, and KRW 387,500 in the damage amount No. 187,50 in the attached Table II of Crimes List II.

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