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(영문) 부산지방법원 2013.11.06 2013고단3353

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant made a false statement to the victim E at the sales office of charnel facilities, such as a charnel house, operated by the Defendant in the Busan East-gu, Busan-gu, stating, “The Defendant would pay the price to the victim E as of the end of each month, because the number of country for gift to be reduced by dividing it to the president of (a) D) and to the customers from D is necessary.”

However, in fact, while the Defendant entered into a contract to bring about 5-60% of the sales proceeds by selling a charnel house, etc., and was engaged in sales agency business, it was difficult for the Defendant to conduct the business as a result of the accumulation of the deficit in the monthly sales from KRW 400 to KRW 5 million, which led to the Defendant’s accumulation of the deficit in business, to raise funds by selling so-called dumping after receiving government water from the victim. In addition, it is unclear whether the sales nature is unclear, and even if the sale at low-price was made, it is impossible to pay the price of supplied goods to the victim as agreed upon by the victim, and even if the victim did not have the intent or ability to pay the price of supplied goods to the victim at the end of the month when he delivered the goods to the victim as agreed, it was found that the victim was the president of the Memorial Park and paid the high-class State water for gift, and it was sufficient to pay the price immediately in the month when the funds were supplied to the Memorial Park.

Around March 5, 2012, the Defendant: (a) by deceiving the victim; (b) supplied the victim with the 21,000,000 won of the H warehouse operated by G in Nam-gu, Busan; and (c) around March 12, 2012, supplied the 17,536,000 won of the 17,520,000 won of the H warehouse operated by J in Yangsan-gu, Daegu-gu; and (d) received the 11,520,000 won of the H warehouse operated by G in Busan-gu, Daegu-gu, and received the 11,520,000 won of the H warehouse from March 21, 2012.

Accordingly, the Defendant, by deceiving the victim, received 50,056,000 won in total, over three times a total of the market value.

Summary of Evidence

1. Defendant's legal statement;

1. M. M.