(영문) 수원지방법원 2016.07.14 2014고단4154

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(영문) 수원지방법원 2016.07.14 2014고단4154

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A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On July 23, 2014, the Defendant was a person who operated rice wholesalers with the trade name "D," and on July 23, 2014, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment with prison labor for fraud, etc., and the judgment became final and conclusive on the 31st of the same month.

1. Around March 5, 2009, the Defendant told the victim E to the effect that “The victim would supply rice equivalent to KRW 17,860,000 to the victim’s capital at the same time as that of the Plaintiff’s capital,” “The victim would immediately pay the amount.”

However, it was difficult to purchase rice from the customer with operating earnings because of the situation where the D's operation of the Defendant was exempted from the operation of the enemy at that time, and there was no intention or ability to pay the price immediately even if the rice was supplied by the injured party. However, there was no intention or ability to pay the price even if it was supplied by the injured party.

The Defendant, as such, by deceiving the victim, supplied rice equivalent to KRW 17,860,00 from the injured party on March 6, 2009, and did not pay the remainder of KRW 4,000,000, while paying only KRW 13,860,000.

2. On May 2009, the Defendant told the victim to the effect that “The victim would immediately pay the amount of rice equivalent to KRW 18,120,000 to the Plaintiff at the same time as that of the Plaintiff’s seated, by supplying the rice equivalent to KRW 18,120,00 to the Defendant.”

However, the defendant was in the situation where he did not pay rice to the above E, and even if he received rice from the injured party, he did not have the intention or ability to pay the rice immediately.

The Defendant, as such, by deceiving the victim, supplied rice equivalent to KRW 18,120,00 from the victim on May 12, 2009, and paid KRW 8,800,000 to the victim, thereby obtaining the payment of the remainder amount of KRW 9,320,00 from the victim.

Summary of Evidence

1. The defendant's person;

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