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(영문) 의정부지방법원 2015.06.16 2014고단1844

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who operates D Co., Ltd. in Spocheon City C.

1. At around 15:00 on December 17, 2012, the Defendant recruited a branch office to the victim E and the victim F in each country to sell food waste treatment equipment of G manufactured in the actual operation of the inside country. In order to enter into a branch contract, the Defendant concluded a contract for the branch office with a half of the down payment of KRW 11 million and KRW 50,000 ( KRW 4.50,000 per unit) per year during the contract term, and provided products to the victim E and the victim F by the end of January 2013.

However, in fact, the defendant is not able to pay the price for the production of the product at the time, and the food waste disposal equipment has been developed for 17 years, but only one unit has not been sold. As above, even if the victims receive the down payment and the pre-sale order payment from the victims, it was thought that the victims would only be used as wages of sealed employees and gold production costs, and there was no idea that they would be used in relation to the production or supply of the products to be provided to the victims, and thus, even if the branch contract money and the pre-sale order payment were received from the victims, they did not have the intent or ability to pay the victims the products.

From the victim F to December 24, 2012, the Defendants deceiving the victims as above, stated the total of KRW 21 million in the name of branch office down payment and product order payment, and around January 9, 2013, the written indictment from the victim E as the branch down payment in the form of KRW 11 million, but was corrected ex officio, considering that it was a clerical error.

B, around January 29, 2013, it was paid KRW 10 million under the name of the order price of the product.

2. On January 30, 2013, the Defendant deceivings the victim at the office described in the preceding paragraph in the same manner as the preceding paragraph, and deceivings the victim therefrom from the victim on February 21, 2013, in the name of the branch contract deposit in the said account, and on February 28, 2013, in the name of the contract deposit in the product order.