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(영문) 대구지방법원 포항지원 2019.08.14 2019고단551
사기
Text

A defendant shall be punished by imprisonment 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

1. On September 7, 2018, the Defendant stated that “The Defendant would pay the price to the Defendant into the face, lurth and lurth of the delivery of the Korea-Japan to the employees under the victim B’s name in the place of the first police officer at the place of early September 7, 2018.”

However, the Defendant had been in difficult condition to operate the wholesale and retail business at the time, and there was a lack of economic circumstances, such as the Defendant’s debt amounting to C Co., Ltd., KRW 2373 million, KRW 41320,000, KRW 41320,000, KRW 445880, KRW 45580, F Co., Ltd., a trader, and the Defendant Company G, due to the decision to commence compulsory auction on August 23, 2018. Therefore, even if the Defendant received goods from the victimized company, the Defendant did not have the ability and intent to pay the price.

Nevertheless, around September 7, 2018, the Defendant, by deceiving the victimized company, was supplied with the equipment equivalent to KRW 9,518,600 by the victimized company.

Accordingly, the defendant acquired property by deceiving the damaged company.

2. Around September 12, 2018, the Defendant stated that “The Defendant would pay the full amount of the price along with the pre-delivery price, on the face of the back-to-date and the pre-delivery cost, to an employee under the victim B’s name in a place where the first police officer was not a police officer on September 12, 2018.”

However, in fact, the defendant had difficulty in paying the price, even if he received goods from the injured company, because it was difficult to do so as stated in the above paragraph (1).

Nevertheless, around September 12, 2018, the Defendant, by deceiving the victimized company, was supplied with the equipment equivalent to KRW 10,706,250 by the victimized company.

Accordingly, the defendant acquired property by deceiving the damaged company.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. A complaint (including all attached documents);

1. The staff in charge of the investigation report (in relation to contact with the chief of the I), the investigation report, and the F.

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