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(영문) 서울서부지방법원 2018.11.14 2017고단2960

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of Yongsan-gu Seoul Metropolitan Government 2017 Highest 2960 operates a liquor wholesaler under the trade name of "D", and the victim E operates a liquor wholesaler under the trade name of "(L)F."

On November 8, 2016, the Defendant made a false statement to the victim that “I will deliver alcoholic beverages, and settle the price of alcoholic beverages as of the end of each month.”

However, in fact, the Defendant did not have any particular property, and the tax amounting to about 56 million won, and the tax office attached the Defendant’s account, lease deposit return claim, etc. at the tax office, and even if he received alcoholic beverages from the injured party, there was no ability or intent to pay the liquor

Nevertheless, the Defendant: (a) by deceiving the victim as above, received alcoholic beverages equivalent to KRW 12,858,300 from the injured party on November 9, 2016; (b) and (c) obtained the delivery of alcoholic beverages equivalent to KRW 12,858,300 in total on six occasions until November 29, 2016, such as the List of Crimes.

The defendant of Yongsan-gu Seoul Metropolitan Government 1684, the 2018 Highest 1684, operates a liquor wholesaler with the trade name of "D" on the second floor of Yongsan-gu, Seoul, and the victim G is operating a liquor wholesaler under the trade name of "D."

On October 2016, the Defendant made a false statement to the victim that “Around October 2016, the Defendant would deliver alcoholic beverages to the victim, and settle the price of alcoholic beverages as of the end of each month.”

However, in fact, the Defendant did not have any particular property, and the tax amounting to about 56 million won, and the tax office attached the Defendant’s account, lease deposit return claim, etc. at the tax office, and even if he received alcoholic beverages from the injured party, there was no ability or intent to pay the liquor

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained the supply of alcoholic beverages equivalent to KRW 3,298,90,00 in total from the victim on November 1, 2016; and (c) obtained the supply of alcoholic beverages equivalent to KRW 3,298,90 in total from around November 1, 2016.

Summary of Evidence

"2017 Highest 2960"

1. The defendant's person;