beta
(영문) 의정부지방법원 고양지원 2013.03.15 2013고단118

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal power] On November 26, 2010, the Defendant was sentenced to a suspended sentence of six months by imprisonment for fraud, etc. at the District Court of Jung-gu on November 26, 2010, and the said judgment became final and conclusive on December 4, 2010.

【Criminal Facts】

1. Around October 201, the defrauded concluded that “E” stores operated by the victim D in Yongsan-gu, Yongsan-gu, Gyeonggi-do, Gyeonggi-do, for the purpose of having access to the sales store for products manufactured by the Defendant frequently as ordinary customers, and that “The Defendant would pay the sales proceeds by selling the products to the post-ship located in Daegu-gu, if he/she supplied them,” to the victim known to the effect that “The Defendant would pay the sales proceeds.”

However, in fact, the defendant had no intention to pay the sales price of disposable products to the victim because he had sold them through the Internet, and had intended to use them for personal purposes, such as foreign exchange transactions, investment, living expenses, etc., even if he was supplied with disposable products by the victim.

The Defendant was supplied by the victim with light products worth KRW 1,292,00 in total from October 13, 201 to February 29, 201, including the supply of light products worth KRW 54,967,00 from October 13, 201 to February 29, 201.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On April 5, 2012, the Defendant: (a) around 23:00, at night, went to the underground goods storage room located adjacent to the said “E” store by taking advantage of the time near the victim’s early night time; (b) opened a warehouse door and intruded into the key to the storage; and (c) carried out industrial products, such as sugar, etc., owned by the victim.

The Defendant, from that time until July 28, 2012, intrudes into a goods storage warehouse by using hours at which the victim retired from office, and then intrudes into the goods storage, and is equivalent to KRW 114,257,00 in total of the market prices owned by the victim, such as the list of crimes (thief) in the attached Form.