(영문) 춘천지방법원 원주지원 2015.04.28 2014고단872

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자간(%)

(영문) 춘천지방법원 원주지원 2015.04.28 2014고단872

사기

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A defendant shall be punished by imprisonment for one year.

However, 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

The victim F is a person who is engaged in the double-wing business, and the defendant has been supplied to be changed from around June 201 to the double-wing business operator, including the victim, and processed it, and then sold the processed altered alteration to the wholesaler and sold it to the G farming association corporation that creates profit.

The Defendant received alteration from the victim from the first police officer on June 201 to July 23, 2012 from the first police officer on July 2012, 201, and the attempted amount that the Defendant failed to pay to the victim was suspended transaction with the victim around that time.

On August 8, 2012, the Defendant stated that “The Defendant would make efforts to pay the victim the attempted money even if he sold the previous property, and to continuously trade it in the future. To do so, the Defendant would receive the price of supplied goods that had not been received during the supply of alteration to the wholesaler, so it would necessarily be repaid along with the existing attempted money, if he delivers the alteration additionally.”

However, the Defendant was unable to supply the change to the wholesaler properly, and there was no money from the wholesaler. The Defendant collected the additional change due to the lack of the capacity to collect the change from the wholesaler, such as the victim, and then supplied it to the wholesaler. Since there was no particular property owned by the Defendant, the Defendant did not have any intent or ability to pay the price even if he received the change from the victim, the Defendant did not have any intent or ability to pay the price.

As above, the Defendant, by deceiving the victim as above, was supplied by the victim with an amount equivalent to KRW 37.6 million on August 27, 2012, and the amount equivalent to KRW 37.6 million on September 1, 2012 (total amount equivalent to KRW 80D).

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. The police of the defendant.

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