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(영문) 서울동부지방법원 2013.04.18 2012고단2338

사기

Text

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

Of the facts charged in the instant case, the fraud against the victim C on July 12, 2010 shall be acquitted.

Reasons

Punishment of the crime

On August 13, 2008, the Defendant was sentenced to eight months of imprisonment with prison labor for a false accusation in the Suwon District Court’s Eunpyeong Housing Site, and the execution of the sentence was terminated on February 26, 2009. On November 15, 2012, the Seoul Eastern District Court sentenced three years and six months of imprisonment with prison labor for a crime of fraud, etc., and the said judgment became final and conclusive on January 18, 2013.

1. Fraud against the victim C;

A. On January 2010, the Defendant concluded that “E” offices for the operation of the Victim C, which were located in Pyeongtaek-si, Gyeonggi-do, would provide the victim with the “Sari to the designated place,” and that the Defendant would pay the price to the victim without any molding.”

However, the defendant did not have the intention or ability to pay the price even if he was supplied with sick leave from the victim.

Nevertheless, the Defendant made such a false statement to the victim, and such statement is made by the victim.

2. Sickia of an amount equivalent to 36,975,000 won around December 12, 200, for the same year

3. Around September 1, 200 Sysima equivalent to KRW 87,975,00,000, including pathology of KRW 60,000,000, has been supplied with approximately KRW 103,50.

Accordingly, the Defendant, by deceiving the victim, was supplied with pathology equivalent to KRW 87,975,00.

B. The defendant under the same year

6. Around 16. Around the aforementioned place, the victim C made a false statement to the victim C, stating, “The victim will receive the sale price in the column of column and pay all the feed value that was not paid earlier.”

However, even if the victim delivered the disturbance to the merchant designated by the defendant, the defendant had the intention to receive the disturbance purchase money from the above merchant and arbitrarily used it, and there was no intention or ability to pay the price of the chickens and pathology.

Nevertheless, the defendant made a false statement to the victim, and caused the victim to do so to do so, 10,170 in total amount equivalent to KRW 3,864,00 in the amount of KRW 1,610,610,630 in total amount of KRW 2,730 in the amount of KRW 10,170,30 in total, and 4,340 in the name of the defendant.