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(영문) 광주지방법원 2014.05.22 2013고단5142
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

1. Around March 17, 2012, the Defendant entered into a fishery products supply contract with the content that the Victim C was supplied with fishery products from the Victim and settled the proceeds thereof on the 10th day of the following month from the victim’s office in Gwangju Mine-gu.

On the other hand, the Defendant had been unable to operate the company without paying money from time to time to time to H and other bond companies due to the sudden aggravation of financial standing from March 4, 201 to the extent that the existing obligation should be accumulated from October 201, the Defendant had to prevent the repayment of bonds. From March 2012, the Defendant had no ability to pay the money even if the Defendant continued to be supplied with fishery products by the victim from June 201 to June 201, because the financial standing of the Defendant sharply aggravated, the creditors, etc. managed the passbook of the E company operated by the Defendant, etc., and on May 6 to June 2012, the Defendant had no ability to pay the money.

Nevertheless, on June 1, 2012, the Defendant: (a) knew that financial standing has been lighted to the extent that he is unable to manage; and (b) despite being well aware that it is difficult to finance in the future, (c) demanded the Defendant to supply fishery products as if he would be able to pay the price for fishery products to the victim; and (d) was issued from June 15, 2012 to August 28, 2012 a total amount of KRW 26,136,400, as stated in the list of crimes, as the content of the list of crimes, by the victim.

2. On July 2012, the Defendant against the victim J did not have sufficient financial standing, and even if having borrowed money from the victim J, the Defendant did not have any other specific plans or grounds for financing from outside.

Nevertheless, on July 25, 2012, the Defendant is urgently required to introduce K, which was known to the general public on July 25, 2012, in order to seek new goods to be supplied to KJ of the victims who met with the help of the victims.

The term "brutology".

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