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(영문) 부산지방법원 2015.12.04 2013고단6326
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 20, 2014, the Defendant appealed to the Busan District Court Branch of the Dong Branch of the Busan District Court for a two-year suspended sentence of imprisonment for embezzlement, etc., but on September 29, 2014, the Defendant withdrawn an appeal and the judgment became final and conclusive.

Co-defendant C and Defendant A established and operated the (ju) E, which was the aggregate transport and aggregate suppliers located in Gyeongnam-si, Yangyang-si.

Co-defendant C and Defendant A purchased aggregate from April 2012 to KRW 11,50 per aggregate 1 year per aggregate from the victim (representative: G) of the aggregate manufacturing chain, and entered into a contract for the sale of aggregate in cash with the settlement of offset costs and the settlement of the monthly end of each month by the 30th day of the following month.

Co-defendant C and Defendant A had been supplied aggregate from the victim pursuant to the above contract, but from September 201 to September 201, the business environment has deteriorated, such as reducing the distance of profit from all expenses, such as the payment of employee's benefits and the installment of the vehicle purchased from the part for transportation, etc., but continued to be supplied with aggregate according to the above aggregate sales contract without notifying it, but there was no intention or ability to pay the price.

On November 1, 2012, Co-defendant C and Defendant A got the victim from such deception and received aggregate equivalent to KRW 14,773,000,00 from the victim, and until March 16, 2013, the sum of the supply value of aggregate of KRW 14,773,00,00,000, as stated in the crime list, was supplied to the victim and the aggregate amount of KRW 11,4,000,000 is not paid after offsetting the transport cost.

Summary of Evidence

1. The statement made by a witness H in the fifth trial records, the statement made by a witness I in the sixth trial records, the witness J in the fifth trial records;

1. Each prosecution against the defendant and C.

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