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(영문) 대전지방법원 논산지원 2018.05.11 2017고단386

사기

Text

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

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On March 16, 2009, the Defendant stated that “If the E Co., Ltd., located in Ansan-si D, an E Co., Ltd., the Defendant imported L/C limit from L/C, the Defendant would pay the price prior to customs clearance prior to the importation of the goods, the Defendant would add the margin of KRW 10 million.”

However, in fact, the Defendant did not have any intention or ability to pay the price prior to customs clearance due to no particular property or income, etc. in excess of the obligation at the time.

Ultimately, on June 3, 2009, the Defendant: (a) by deceiving the victim; (b) obtained from the victim on June 3, 2009, the amount of KRW 60,500,000 from the above office, KRW 51,30,000,000; and (c) obtained KRW 6,50,000,000,000,000,000 from the above office; and (d) obtained pecuniary benefits equivalent to KRW 4,752,00,00 from the payment.

B. On August 24, 2009, the Defendant stated that “The Defendant shall immediately deposit the fuel pumps into the designated customer at the place indicated in paragraph (1).”

However, the defendant is not able to pay the amount of labeling to the complainant under the self-sufficiency like the statement 1, and even if the victim delivers the fuel pumps to the customer of the defendant, he did not have the intent or ability to pay the amount.

Ultimately, on August 24, 2009, the Defendant deceivings the victim as above and caused the victim to supply 70,000 won of the market price as “H” located in Dongdaemun-gu Seoul Metropolitan Government on August 24, 2009; 175,000 won of the fuel pumps; 5; 60 fuel pumps equivalent to the market price of 2,10,000 won in Daegu-si located in Seoul Metropolitan Government on September 4, 2009; and 50 fuel pumps equivalent to 17,50,000 won in the market price to the victim; and on September 9, 2009, the Defendant did not pay the victim the above fuel pumps 135,725,000 won.