(영문) 수원지방법원 2015.01.23 2014고단3002

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(영문) 수원지방법원 2015.01.23 2014고단3002

사기

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. On June 25, 2013, the Defendant committed a crime against the victim C, the Defendant, via F, made a false statement to the representative G of the victim C via the Defendant’s Defendant’s wife population D, namely, “I would promptly make payment on the following day of the delivery of meat.”

However, at the time, the Defendant was in a position equivalent to KRW 960,000,000 for the outstanding obligation to the existing purchasing enterprises, and even if the Defendant received a demand to repay the above money from the victim, he did not have any intent or ability to pay the outstanding amount to the victim even if he was supplied with the above money, since he did dumping treatment at a price lower than the supplied price and commercialized it into the distribution of the anti-do Livestock, which was higher than the supplied price, and then was urgencyed to pay the outstanding amount to the existing trading enterprises.

Nevertheless, the Defendant, by deceiving the victim as above, was supplied with goods equivalent to KRW 7,882,628 on June 25, 2013 by the victim, and was supplied with goods equivalent to KRW 13,41,273 on June 28, 2013 by being supplied with goods equivalent to KRW 21,293,901 on the 28th day of the same month.

2. On June 27, 2013, the Defendant committed a crime against the Victim H, Inc., the Defendant falsely told K, the representative director of the Victim H, a victim H, to pay the price of the goods within five (5) days from the delivery of the goods, from the freezing warehouse located in G in Young-gu, Young-gu I via J.

However, the Defendant, as stated in the preceding paragraph, did not have the intent or ability to pay the price for the meat to the victim even if the Defendant received the meat from the victim, because he was in an urgent situation to pay the outstanding amount to the previous trading business entity after dumping the said goods at a price lower than the supplied price, in the distribution of the Korean-do Livestock Products, at a price lower than the supplied price.

Nevertheless, the defendant is the victim as above.

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