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(영문) 부산지방법원 서부지원 2020.05.14 2019고단78

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

[2019 Highest 78]

1. Around November 20, 2016, the Defendant entered into a false contract for the supply of the household at the new construction site of the E Hospital located in the Busan Suwon-gun, the Defendant entered into a contract for the supply of the household at the Dial Construction Site of the Victim B, which is located in the Busan Suwon-gun, with the victim B.

However, the defendant did not have the intention or ability to pay the price for supply even if the victim supplied the household and received the price from the original office.

As above, the Defendant, by deceiving the victim, received from the victim the household equivalent to KRW 16,089,90 from the E Hospital, but did not pay the price for the said household and acquired the same pecuniary profit.

[2019 Highest 1761]

2. On September 12, 2018, the criminal defendant against the victim F made a false statement of “H” office operated by the defendant located in Gangseo-gu Busan Metropolitan Government G, and “The victim F will sell 26 table tabless and 10 original table tables to 3,09,800 won, which the customer wants to purchase.”

However, the Defendant did not have the above households and did not have the intent or ability to sell them even if he received the price for the household from the victim. The Defendant was in bad credit standing and was in short of living expenses due to the lack of any other profit.

Around September 13, 2018, the Defendant, by deceiving the victim as such, received 2,200,000 won from an enterprise bank account (I) in the name of the Defendant as the down payment from the victim and acquired it by deceit.

3. Around January 16, 2019, the Defendant against the victim J made a false statement to the victim J that “one, three books, and one chair will be sold in KRW 10,50,000,00 to the victim J at the coffee shop in the K building located in the Busan metropolitan Daegu, Busan. To promptly bring the household before the director, the Defendant first deposited the household price.”

However, the defendant is guilty.