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(영문) 제주지방법원 2020.10.16 2020고단1839
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from April 2018 to January 31, 2020, was a person who had operated the c'C' with the trade name "C," and the victim-related dispute resolutionD (hereinafter referred to as the "victim company") is a company that supplied the meat in the above refined landing point.

On December 11, 2019, the Defendant ordered the Victim Company to supply 2,151,000 won at the market price, when the Defendant had done as if the Defendant would normally pay the price of the refined meat.

However, since May 2019, the Defendant suffered a loss equivalent to KRW 14,600,00 due to the aggravation of the management of the above refined land from around 14,600,000 as the expenses exceeded the profit. The Defendant did not have any intent or ability to pay the price normally even if the sum of the outstanding amount, bank loans, and individual loans to the other clients exceeds KRW 217,130,000.

Nevertheless, the Defendant, as seen above, by deceiving the victim company, was supplied by the victim company with meat equivalent to KRW 2,151,000 at the market price around December 11, 2019, from that time until January 15, 2020, and received from that time the Defendant supplied 40,54,530 in total at nine times as shown in the annexed crime list.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Entry of each protocol of examination of suspect against the defendant prepared by the police;

1. Statement of statement E prepared by the police officer;

1. Each statement in the petition for the preparation of the complaint representative and the supplement for complaint by the complaint administratorD;

1. Each investigation report prepared by the police (documents attached, such as submission of global income tax for 2019 / Sales Chapter, and purchase Chapter / The results of inquiry into personal credit information of the suspect and the complainant / The total transaction amount, etc. of the suspect and the complainant / Each document attached thereto shall be included);

1. The output of the business registration certificate, the copy of the business registration certificate, the aggregate of the date of each customer, the director of the Customer, and each electronic account output;

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