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Reasons
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(영문) 대전지방법원 2020.02.13 2018고단811
사기
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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant, “2018 Godan811,” as a person operating a building B in time of war, “D,” a agricultural and fishery products distributor in subparagraph C, and “E” in the Internet Kimchi, etc. from around 2014, in which losses were sustained due to the above business’s business. The monthly income from the above business was KRW 15 million at the time, but the monthly expense, such as personnel expenses, was 25 million won, and the monthly expense was 25 million.

As seen in the above D and E, the amount of supplied goods due to the sale of the two derivatives, etc. received from the victims was accumulated. Since the obligation borrowed from the parties to pay the unpaid amount of supplied goods and the amount of supplied goods is equal to the total amount of KRW 2 billion, there was no intention or ability to pay the amount of supplied goods at the time of the promise, even if they were supplied by the victims.

1. Nevertheless, on March 3, 2014, the Defendant called the victim F by calls from the said D office to the victim F, and called the victim F to pay the price at the end of each month.

The Defendant did not pay a total of KRW 33,062,70,000, out of the price of supplied goods from the victim from the above date to June 22, 2016, and did not acquire property benefits equivalent to the same amount.

2. Nevertheless, around February 6, 2016, the Defendant called the victim G by phone at the above D office that “on the face of delivery of solar wave, the Defendant would sell and sell it and pay the price to P.m.”

The Defendant did not pay a total of KRW 19,913,100 out of the supply price of double wave supplied from the above date to September 23, 2016, and did not acquire property benefits equivalent to the same amount.

3. Nevertheless, on July 1, 2016, the Defendant calls from the above D office to the victim H, and supplies the 'Mayman and life lectures to the victim H.', and then, on the P.M. page.

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