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(영문) 부산지방법원 2015.02.13 2014고단9574
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. From March 2012, the Defendant: (a) had been operating the “Emart” located in Busandong-gu, Busan; (b) had registered business in the name of G by pretending to transfer the said “Emart; (c) had advertised that the Defendant sold rice at low prices by exercising an open discount; (d) had not paid the purchase price for rice; (c) had been supplied with rice from wholesalers; and (d) conspired with F to collect rice purchase price from consumers who ordered rice after reporting the advertisement.

Around July 18, 2012, the Defendant and F made a false statement to the victim I who operates the rice wholesaler’s “H” in the said “Emart” to pay the price by July 21, 2012 when he/she delivers 300 rice.

However, there is no intention or ability to pay the rice price to the victim because the seller sells rice to the consumer at a price lower than the rice price to be paid to the victim and the rice sales proceeds will be used in the repayment of the defendant's obligation.

The Defendant, as seen above, was issued 300 m30,000 won in total at the market price of 11,90,000 won by deceiving the victim.

(2) Around July 27, 2012, the Defendant and F received 300 m3,00 m3,00 m3 from the Victim K operating “J” as set forth in the preceding paragraph, in the same manner as the set forth in the preceding paragraph, as the crime list Nos. 8.

B. Around July 29, 2012, the Defendant and the F made a false statement that the Defendant and the Defendant and the F would supply rice at a low price in the said “Emart” would operate friendly ties with the victim L.

However, the rice purchased from a rice wholesaler did not have the intent or ability to sell rice to the victim even if the creditor of the defendant did not take the name of debt repayment or received money from the victim because of the previous sales.

The Defendant and F are victims as above.

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