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(영문) 수원지방법원 안산지원 2016.04.07 2015고단3900

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant is a person who actually operated the “C” from July 1, 2005 to November 23, 2011.

At the time of around 2002, the Defendant was a bad credit holder due to a default by the company operated in around 2002, and the operation status of the above “C” continued to be accumulated, and in October 2010, the Defendant was carrying 20 million won each month and was in excess of the obligation due to the absence of property, such as real estate in possession.

1. On October 13, 2010, the Defendant concluded on October 13, 2010, that “The Defendant supplied two of the said machinery to the F plant by delivering them to the Defendant by November 12, 2010, and doing so to the F plant,” at the Defendant’s office of F (a company mainly engaged in metal processing business, etc.) operated by the victim E (the Defendant mainly engaged in the Defendant’s metal processing business, etc.) located in Busan High-gu, that “The amount of KRW 31,100,000,000 for the 15,000,000 won for the franchis and the franchis of the franchis.”

However, the Defendant, as seen above, was thought to use the down payment and intermediate payment received from the injured party for the purpose of personal loan repayment, credit card payment, overdue payment, overdue payment and mechanical lease fees, without considering that it was used to deliver the two above machines.

Nevertheless, the defendant, as mentioned above, received 15 million won from the injured party to the company bank account in the name of G, which is the defendant's wife, and acquired it by fraud.

2. On July 7, 2011, the Defendant, who committed fraud, called the victim E at the above C office on July 7, 2011, will use the machinery as part of the funds to purchase high-quality and high-quality gold machines with a deposit of KRW 7.5 million, and will receive the proceeds by selling the machinery and pay the same in a lump sum, including KRW 15 million, which has not been repaid.

“A false representation was made.”

However, the defendant has already exceeded his obligation as above.