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(영문) 인천지방법원 2014.06.12 2014고단804
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around October 1, 2011, the Defendant stated that “Around October 1, 2011, the victim D operated in Kim Jong-si Kim Jong-si, stated that “I will pay for the goods after selling and arranging the fertilizer if I supply the fertilizer.”

However, in fact, the Defendant had a debt equivalent to KRW 100 million, and even if he was supplied with fertilizers by the victim and sold them, he was planned to pay the sales amount and to use it as a monthly salary for the employees, so there was no intention or ability to pay the sales amount to the victim.

Nevertheless, the Defendant received from the victim a fertilizer equivalent to KRW 35,080,50 in total from the place of business located in Gangseo-gun G from April 12, 2012 to April 30, 2012, a total of three times as shown in the list of crimes in attached Form 3,080,50, as stated in the list of crimes.

The Defendant of the 2014 Highest 1544 [2014 Highest 154] is a person who engages in wholesale and retail business, such as fertilizers, soil, and agricultural materials, under the trade name of “F” located in Gangwon-si G, and the victim H is a person who engages in wholesale and retail business, such as fertilizers, agricultural materials, etc., under the trade name of “J”

On January 20, 2012, the Defendant found at the above “J” office, and concluded that “The Defendant would deliver satisfy to K Golf course located in the Hongcheon-gun, Hongcheon-do operated by the branch, deliver satfy, instead of supplying satto, deliver satfy, and then settle accounts until May 2012 when receiving the cost of fertilizers and the cost of supplying satto.”

However, in fact, the Defendant was suffering from business difficulties, and there was approximately KRW 25 million due to the business, and there was no intention or ability to settle the fertilizer price and the oil supply fee received from the customer even if the Defendant delivered fertilizers and soils owned by the victim because it is not good to the financial condition due to the failure to pay the personnel expenses of the employees.

Nevertheless, the Defendant.

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