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(영문) 서울동부지방법원 2018.07.06 2017고단595

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, from February 2013 to July 2015, “2017 Highest 595,” operated a wholesale and retail company B of construction materials from July 30, 2015 to January 26, 2016, operated a wholesale and retail company of construction materials from July 30, 2015 to January 26, 2016, and operated a wholesale and retail business of construction materials from August 2015 to January 26, 2016.

1. On June 4, 2015, the Defendant would give the victim E who operates G by telephone from the B office located in the Kimhae-si F around June 4, 2015 to pay the price in cash to the victim E who operates G by telephone.

“.....”

However, even if a check issued to another customer as the price for the goods has been sold from the injured party because the amount of the check is equivalent to several million won, the Defendant was paid the price for the check, and there was no intention or ability to pay the price properly even if the check was supplied from the injured party.

As above, the Defendant: (a) received the total amount equivalent to KRW 6,912,00 from the victim by deceiving the victim; (b) around June 4, 2015; (c) KRW 5,367,00 from the victim on June 6, 2015; (d) equivalent to KRW 6,306,00 from the victim on June 16, 2015; (c) equivalent to KRW 4,608,00 from the victim on July 11, 2015; and (d) equivalent to KRW 6,849,40 from the victim on August 11, 2015; and (e) KRW 3,92,600 from the victim on August 25, 2015; and (e) KRW 4,608,000 from the victim on September 4, 205; and (e) equivalent to KRW 3,992,605,209.

2. The Victim (State) Defendant would pay the amount in cash at the C Office located in Yangsan-si I on August 2015 to J, a staff member of the Victim (State) H, “on the 10th of the following month following the supply of tapes by supplying tapes.”

“.....”

However, even if a check issued to another customer as the price for the goods has been sold by the victim because the amount of the check is equivalent to several million won, the defendant was paid the price for the check and did not have any intent or ability to pay the price properly even if he received the tape from the victim.

The defendant.