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Reasons
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(영문) 수원지방법원 여주지원 2015.10.27 2015고단474
사기등
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A defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

The Defendant is a person who has operated Scama in the name of “Jaet” in Scaju City I.

1. Fraud;

A. Around August 28, 2014, the Defendant made a false statement to the effect that “The Defendant would pay the amount of rice to the victim at the end of each month, if he/she supplied rice.”

However, the Defendant paid monthly interest of approximately KRW 20 million on the debt to the bank and KRW 40 million on the bond 10 million. The Defendant had a debt amount of KRW 700 million on L, a debt amount of KRW 700 million on L, a debt amount of KRW 200 million on M, and a debt amount of KRW 200 million on M. In addition, there was no particular asset and there was no intention or ability to pay the amount even if rice was supplied from the victim due to a competitor’s poor business.

그럼에도 불구하고 피고인은 위와 같은 피해자를 기망하여 이에 속은 피해자로부터 2014. 8. 28.경 33,000원 상당의 햅쌀 10kg 을 공급받은 것을 비롯하여 별지 범죄일람표 1 기재와 같이 그때부터 같은 해 10. 25.경까지 총 30회에 걸쳐 합계 58,925,600원 상당의 쌀 등을 교부받았다.

B. Around September 2, 2014, the Defendant made a false statement to the effect that “The Defendant, at the Jarart office, calls the victim to pay the price as the end of the drilling, at the time of the supply of an excessive day to the Tar office.”

However, the defendant has a considerable obligation like the above paragraph (a), and there was no intention or ability to pay the price even if he has been provided with excessive work from the victim due to a competitor's poor business as well as there was no particular asset.

Nevertheless, the Defendant, as seen above, deceiving the victim and deceiving it from the victim, is equivalent to KRW 6,290,00,000, such as worship around September 4, 2014, and KRW 9,574,00, such as History around the sixth day of the same month, etc., and KRW 15,864,00, such as KRW 9,574,00.

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