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(영문) 수원지방법원 2014.04.07 2013고단2524

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 2012, the Defendant: “E” restaurant operated by the Defendant located in the wife population D in Young-si, Young-si; “F is well funeral services are available on holidays due to the absence of F in the vicinity of the restaurant in operation; payment of the price shall be made upon the delivery of the swine machine.”

However, at the time of fact, the Defendant did not have an intention or ability to pay the price even if he received the payment from the victim, while the Defendant did not have a good funeral, but did not have an obligation to pay the price in 77 million won without any special property.

As above, the Defendant, by deceiving the victim and deceiving him/her from the victim on June 25, 2012, acquired the victim a total amount of KRW 2,443,890, KRW 50,000,000 from June 30, 2012, KRW 700,502 from July 8, 2012, KRW 519,850 from July 12, 2012, and KRW 124,984 from July 20, 2012, KRW 3,839,226 from the victim.

2. Around August 20, 2012, the Defendant: (a) called “E” restaurant; (b) called the victim G to call the victim G to change the customer’s value of the goods in the place of gold trading; and (c) sent pigs to the victim G.

However, the defendant did not have the intent or ability to pay the price as above.

On August 22, 2012, the Defendant: (a) by deceiving the victim as above; (b) supplied the victim with each of the amount equivalent to KRW 418,00 (40.8kg); (c) around August 29, 2012, KRW 3,546,60 (154.4kg); and (d) obtained by deceiving the victim with the pigs amounting to KRW 3,965,250 in total.

3. On September 1, 2012, the Defendant made a false statement to the victim H, stating that “The Defendant would deliver a swine machine to the victim H. It would give approval in cash within one week without any condition, rather than delivering it to F.”

However, the Defendant did not engage in a transaction with F and paid the price as above.