beta
(영문) 대구지방법원 2020.01.30 2019고단2756

사기등

Text

Imprisonment with prison labor for the crimes of Articles 1 through 5 in the judgment of the defendant, and for the crimes of Articles 6 and 7 in the judgment of the court below, four months.

Reasons

Punishment of the crime

[Criminal Power] On February 22, 2018, the Defendant was sentenced to imprisonment with prison labor for six months to the Daegu District Court for fraud, etc., and the said judgment became final and conclusive on the 30th of the same month, and is still under suspension of execution.

【Criminal Facts】

"2019 Highest 2756"

1. Around October 4, 2018, the Defendant against the victim E made a false statement to the victim that “The Victim E, who is in Ansan-si F, had a mother, in Daegu-si H, engage in the wholesale and retail business of livestock products with the trade name of J, along with the her mother, at the G Yangyang-si, which was operated by the victim E., the Defendant.” The Defendant supplied the livestock products, such as Han land, on the same day.

However, in fact, I was not the mother of the defendant, and the defendant did not have operated the J as his employee, and the defendant did not have any intention or ability to pay the price of livestock products on the same day, even if he was supplied with livestock products from the victim because he was issued the livestock products by the victim and then was thought to use them as his obligation and cost of living.

The Defendant, by deceiving the victim as such, was supplied with livestock products equivalent to KRW 25,642,06 on the same day by the victim, and was supplied by the victim with livestock products equivalent to KRW 16,634,544 in the same manner on the following day.

Accordingly, the Defendant, by deceiving the victim, received property equivalent to the sum of KRW 42,276,550 from the victim.

"2019 Highest 3465"

2. On December 14, 2018, the Defendant entered into an agreement with the victim K, L and M to operate the livestock product wholesale and retail business with the trade name of the victim K, L and M, and then was in charge of the supply and collection of livestock products.

On January 3, 2019, the Defendant supplied livestock products to N in Daegu Northern-gu, the Defendant received money of KRW 5,800,000 under the name of the Defendant from the head of the Tong of a community credit cooperative under the name of the Defendant, and used it for personal purposes, such as reimbursement of debts and living expenses at will around that time.