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(영문) 대구지방법원 2015.12.24 2015고단3550
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2015 Height350] The Defendant is a person who has engaged in textile manufacturing business under the trade name of “C”.

1. On January 1, 2015, the Defendant made a false statement that the Defendant would sell the original body manufactured by the victim D upon the request of the victim D, who is a textile manufacturer, at a cafeteria cafeteria located in Seocho-si, Seocho-si.

However, at that time, the Defendant did not pay monthly salary to the employees of the above “C” due to the aggravation of business management, and even if he sold the above original body manufactured by the victim due to the delayed payment for two months, he thought that he would use it as the operating fund without notifying the victim, and eventually, he did not have any intention or ability to pay the original body sales to the victim.

As above, the Defendant received the KRW 45,898 Camps equivalent to KRW 25,243,90 around that time from the victim, and received the KRW 8,367,920 from the victim around January 16, 2015.

2. On February 2015, the Defendant requested the victim D to process a tobacco at a mutually unclaimed restaurant located in Gyeongsan-si.

However, as the defendant suffers from serious financial difficulties as above, the defendant did not have any intention or ability to pay the price even if the victim is in the process of the company.

As above, the Defendant did not make a false statement, and caused the victim to process a full-time death from around that time to May 15, 2015, and did not pay KRW 36,752,056 to acquire a pecuniary benefit equivalent to that amount.

[2015 MaMa3919] The Defendant was unable to pay the monthly salary of the employees due to the aggravation of management around January 2015 in the G management of the victim F in Busan City E. The Defendant did not have any particular property or income, and even if he did not have any intent or ability to pay the cost even if he was processed from the victim due to the lack of any particular property or income, the Defendant “the original contractor is processed each month.”

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