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(영문) 수원지방법원 2017.06.08 2015고단2813

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2015 Highest 2813"

1. On June 12, 2014, the Defendant entered into a contract for the sale of the victim distribution siren and the pressure-type cutting machine, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 3NC fasting machine at the victim-based dispute resolution office office, which is located in Sungsung-si D, and all of the above machinery were owned by the Defendant.

However, in fact, one of the above machinery was not owned by the defendant, but owned SP Capital Co., Ltd., and the defendant was under lease and use, so the defendant did not have any intent or ability to transfer its ownership even if he received the price for the said three machinery from the injured party.

The defendant was transferred from the injured party the amount of KRW 20 million equivalent to the price of the above three-year machinery to the corporate bank account in the name of the management bank in the company bank in the name of the management bank in the light of the same month.

Accordingly, the defendant was given property by deceiving the victim.

"2015 Highest 5639"

2. The Defendant, from February 2012, operated a steel plate processing business with the trade name of “E” from Hysung City D, was a person who started the operation of E Company and raised funds from neighboring persons, such as the purchase cost of raw materials, due to the shortage of capital from the commencement of the operation of E Company, which led to a extreme aggravation of financial standing in the lower half of 2013, which led to a extreme aggravation of financial standing, and as such, the liabilities borrowed from individuals, and unpaid raw materials payment to the customer of the Company had reached approximately KRW 20 million, and the credit transaction, such as bank loans, was difficult due to bad credit standing.

A. On January 2014, the Defendant’s fraud against the Victim F, at the “H” restaurant of the Victim F’s Operation “H” located in Gwanak-gu, Seoul Special Metropolitan City, for the victim to bring in the victim a fluor who created the steel plate at a superhigh speed in order to greatly increase sales in the process of processing the steel plate in the ethic nature, and was registered in the victim’s name, and machinery in its name.