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(영문) 수원지방법원 안양지원 2015.11.20 2015고단26

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 25, 2013, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Western District Court on August 25, 2013, and the judgment was finalized on November 18, 2013. On November 14, 2013, the Seoul Central District Court sentenced the Defendant to imprisonment of one year and four months for the crimes of one year and two as indicated in the relevant case, which were sentenced to imprisonment of one year and four months for the crimes of one year and four months, but the Defendant was sentenced to imprisonment for the crimes of three, four, and five as stated in the judgment. However, since it was only the crimes of first and second crimes as stated in the judgment that there was ex post concurrent crimes with this case, only the punishment for such crimes is written.

On January 29, 2014, the judgment became final and conclusive, and on August 13, 2014, the Seoul Western District Court sentenced four months of imprisonment for a crime of fraud at the Seoul Western District Court, and the judgment became final and conclusive on February 23, 2015, and on January 23, 2015, the Seoul Western Central District Court sentenced four months of imprisonment for a crime of fraud at the Seoul Central District Court, which became final and conclusive on April 9, 2015.

Criminal facts

On May 22, 2012, the Defendant: (a) entered into a sales contract with D, the actual operator of C (ju) on the secondhand shop in Seo-gu Incheon, Incheon; (b) total amount of KRW 630 million (250 million in contract amount; KRW 380 million in balance; and (c) the remainder amount of KRW 180 million in deposit at a level of KRW 300 million in advance; and (d) the remainder of KRW 180 million in deposit after deposit; and (e) purchased the scrap metal in the firsthand office in front of the Seo-gu, Seo-gu, Incheon, Seo-gu, Incheon; (b) on May 23, 2012, the Defendant sold the scrap metal to the victim G, who is an operator of F (goods). (c) On May 23, 2012, the Defendant reserved the scrap metal to the victim G, the operator of F (goods in front of the Seo-gu, Incheon, with the above content indicated in the sales contract.

(b) The phrase "to take out" was false to the effect that it would be taken out.

However, at the time of fact, the Defendant did not have any property, while he did not pay the employee’s benefits because he did not have any property. Moreover, the down payment of the sales contract entered into with C (State) is paid at all.