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(영문) 대구지방법원 2017.11.10 2017고단2332

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant, on March 2015, entered into a contract with the victim C to produce and sell the residual scrap in a total of KRW 10 million with telephone conversations at a place where it is not possible to know the place of the Defendant on March 232, 2015, and sent the machinery to the victim once sending down payment of KRW 3 million to the victim.

“A false representation was made.”

However, even if the defendant received the money from the injured party, he was thought to pay it as wages to D as the person working for the defendant's company, and there was no intention or ability to deliver the scrap to the injured party at the time.

On March 4, 2015, the defendant deceivings the victim as above and transferred KRW 3,00,000 to the Nonghyup Bank account (E) in the name of the defendant on March 4, 2015.

around July 2015, the Defendant stated to the effect that “The Defendant would immediately pay the price upon the completion of the Pison Pison at around December 2015, 2015, to the employees of the victim H Co., Ltd. at the G office operated by the Defendant located in the Cheongdo-gun F, Cheongdo-do-si.”

However, in fact, the Defendant was unable to pay the price of goods equivalent to KRW 10 million at the time, and the amount of financial loans was equivalent to KRW 10,000,000,000, and the amount of machinery manufacturing and repair costs was not paid at all times to others without paying the monthly salary of employees. Thus, even if the Defendant purchased agricultural machinery, etc. from the victim company, the Defendant did not have the intent or ability to pay the price to the victim by paying the price in time or selling the said machinery.

The defendant deceiving the victim as above and delivered a total of 17 vehicles for automatic gambling and a tramway transport vehicle from June to October 2015, but returned to 14 vehicles for automatic gambling, and the defendant did not pay the price by being provided with machinery equivalent to KRW 1,300,000,000 for automatic gambling vehicles, KRW 3.8 million for tramway transport vehicles, and KRW 1,350,000,000 for 1,30,000 won.