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(영문) 대구지방법원 서부지원 2015.07.24 2015고단808
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On September 18, 2014, the defendant was sentenced to two years of suspension of execution on August 26 of the same month by occupational negligence, etc. at the Daegu District Court, which became final and conclusive on September 26 of the same month.

The Defendant is a real operator of (State)D and E in Gyeong-si, Gyeong-si, and Gyeong-si.

From March 19, 2011 to December 12, 2011, the Defendant had no intention or ability to make a normal settlement of the price for the supply of the steel products from the victim (hereinafter referred to as the “victim”) to the Defendant’s (hereinafter referred to as the “Defendant”). Since there was no particular asset in the Defendant’s management company and there was no accumulated debt amounting to KRW 140,000,000 per month, and there was a situation where the supply price of the steel products supplied by the victim was partially overdue, the Defendant did not have any intention or ability to pay the price for the steel products.

1. (Co., Ltd.) Nevertheless, the Defendant committed the fraud related to the transaction under the name of D, but made a false statement to the effect that “The Defendant would normally pay the price for the steel products stored in the (ju) DaEH located in Gyeong-si B and G, Gyeong-si, Gyeong-si, and that “I will supply the additional steel products to the victim’s managing director,” and received from the victim the products equivalent to KRW 12,636,000 on November 24, 201, ② KRW 20,412,00 on the steel products, ② KRW 14,325,00 won on the steel products on the 28th of the same month, ③ equivalent to KRW 10,027,50 on the steel products stored in the (ju), and ④ equivalent to KRW 11,340,00 on the steel products stored in the company’s managing director, and ⑤ equivalent to KRW 39,300 on the steel products stored in the same year.

2. The Defendant also received supply of the amount equivalent to KRW 82,234,401, and KRW 824,868, of the steel products on November 19, 201 from the victim at the above place, and KRW 22,234,401 of the steel products on November 19, 201.

Accordingly, the Defendant, by deceiving the above I, obtained a total amount of KRW 111,67,083 from the victim and acquired it by deceit.

Summary of Evidence

1. Defendant's legal statement;

1. The defendant;

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