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(영문) 대구지방법원 서부지원 2018.08.31 2018고단1386

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 23, 2015, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud in the Daejeon District Court Branch of the Daejeon District Court on January 23, 2015, and the judgment became final and conclusive on February 12, 2016.

The Defendant, who operates “D”, a food distributor in the name of C, committed as if he/she was C with hiding his/her name, received various foods from food wholesalers, and paid part of the foods only at the beginning of the transaction, thereby making up trust as if he/she would pay a normal price in the future. After a certain point of time, the Defendant was willing to acquire property benefits without paying the remainder.

1. On December 13, 2012, the Defendant against the victim E: (a) at the foregoing D office located in the Republic of Korea in the Gyeonggi-si, Gyeonggi-do; (b) at the victim E, who operates the Gyeyang wholesale chain G, calls from the victim E; and (c) as if he/she was the D representative C, the Defendant would pay the victim the price from the G to D when he/she delivered the following fraternity.

“The purpose of “ was to make a false statement.”

However, in fact, from around 2010, the Defendant issued a warrant of arrest, as well as four measures to suspend indictment without paying food price to others. The Defendant was not a person with bad credit standing and did not register as a business operator under his/her own name, and was responsible for food transaction by using a business registration certificate borrowed from many people. In addition, the Defendant’s payment of promissory notes and check provided to the victim was not clear, and there was no property under the name of the Defendant, and thus, the Defendant did not have any intent or ability to pay the price properly even if he/she was supplied to the injured person.

In addition, the defendant deceivings the victim as above and received a disturbance equivalent to KRW 6,684,00 from the above D office on December 13, 2012 from the victim, and he was supplied with a disturbance equivalent to KRW 6,684,00 from the above D office on December 13, 2012, and from around that time until March 5, 2013.