(영문) 부산지방법원 동부지원 2012.10.08 2012고단1201

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(영문) 부산지방법원 동부지원 2012.10.08 2012고단1201

사기

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The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is a person who actually operated the instant hospital as the representative director from May 2010 to February 201, 201.

In fact, the Defendant had a debt of KRW 100 million to D in relation to the operation of the above hospital, and had a debt of KRW 20 million to E with medicine and medical expendable goods, etc., and failed to repay the debt equivalent to KRW 80 million. However, the Defendant had no specific property except for an apartment bond of KRW 270 million with the maximum debt amount of KRW 100 million in his wife’s name, and there was no specific property other than the apartment bond of KRW 270 million in the market price at which the right to collateral security was established. The Defendant was unable to make monthly profits while operating the above hospital, and

Therefore, the defendant did not have the intent or ability to pay the cost at the time even if he was supplied with food materials required for the restaurant of the hospital from the victims.

1. Nevertheless, on July 19, 2010, the Defendant received food materials equivalent to KRW 13,603,400 from the victim G to October 17, 2010, all of which were supplied from July 19, 2010 to the victim G, stating, “The Defendant would deliver food materials to the victim G, and deposit all of the supplied goods in the passbook by the fifth day of the following month as of the end of each month.”

2. As above, the Defendant continued to be provided with food materials separately from other food materials suppliers, with the increase in the amount of supplied food materials to G.

Accordingly, the Defendant received food materials worth KRW 17,387,50 from October 8, 2010 to January 4, 2011, from the victim I, on the following grounds: “The Defendant would pay food materials to the victim I on credit for 40 days after the lapse of 40 days from the 40th day of the delivery of food materials on credit.” The Defendant received from the victim I all food materials worth KRW 17,387,50 from October 8, 201 to January 4, 201.

Ultimately, the Defendant acquired property benefits equivalent to 30,990,900 won from the victims as above.

2. The defendant.

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