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(영문) 서울서부지방법원 2018.07.06 2018고단391

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From around 2015, the Defendant engaged in wholesale and retail business of agricultural products in the name of “D” from Hanam-si, Hanam-si, 203.

On November 2014, the Defendant, while engaging in the kimchi manufacturing business under the name of his wife, closed the business, was liable for the debts of KRW 2-300 million as bad credit holders, and was pretended to be an agricultural products distributor with the trade name "D" without any particular revenue or property, and was supplied agricultural products from the victims to the Customer Kimchi Factory, etc., and received agricultural products at the dumping price, and received the money from the victims to use them for the Defendant’s debt repayment and living expenses.

1. Fraud to victims E;

A. On July 11, 2015, the Defendant committed a crime on July 11, 2015, at the D office in the operation of the Defendant located in Hanam-si (Seoul) around July 11, 2015, the Defendant would make payment to the Victim E by the date of August 5, 2015, for the supply of the Chinese red powder powder 2,000 g.

The phrase “ makes a false statement.”

However, in fact, even if the Defendant was supplied with molds powder from the above victim, the Defendant was scheduled to use the proceeds for repayment of other debts prior to the occurrence of the said proceeds, so there was no intention or ability to pay the proceeds of the molds to the victim.

The Defendant, as such, deceiving the above victim, and then deceiving the victim, shall have a total of 200 kmg (20 km) in Korea with the market value of KRW 14 million on the same day from the victim.

100 copies were delivered and acquired by fraud.

B. On July 23, 2015, the Defendant committed the crime on July 23, 2015, at the above D office around July 23, 2015, to the victim E by telephone, for the purpose of “14 million won in China and China, 2,000 kilograms (20 kilograms).

By August 5, 2015, a total of 28 million won will be settled by August 5, 2015, including the amount of red paper powder supplied prior to the delivery of 100 spores.

“A false statement” was made.

However, even if the Defendant was supplied with molds powder from the above victim, the Defendant was scheduled to use the proceeds for repayment of other debts prior to the said payments, and therefore, the said victim is cut off.