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(영문) 인천지방법원 2016.06.24 2016고단2027

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 9, 2014, the criminal defendant against the victim B, who engaged in a mobile phone sales business with the victim B, said that “In order to receive delivery from the trading office, the victim would need a deposit of KRW 10 million.”

However, in fact, the transaction deposit was not required when the delivery was made, and there was no intention to use it as the transaction deposit even if the victim received money from the victim because he thought to use it as the living cost of the defendant.

The Defendant received KRW 10 million from the damaged party to the Agricultural Cooperative Account under the name of the Defendant as the deposit money for the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. Around April 8, 2015, the Defendant: (a) received a deposit of KRW 3.6 million from the victim B and the building owner of a store engaging in the same business from the building owner in Gyeyang-gu Incheon Gyeyang-gu, Incheon, to the agricultural bank account under the name of the Defendant and embezzled for the victim; (b) around that time, he/she used the leased deposit for employees’ benefits, living expenses

3. On January 26, 2015, the Defendant, against the victim D, sells a heavy phone to the victim D.

A false statement was made that 6 million won is "to send a phone on the face of the gold-counting ......."

However, in fact, the defendant did not intend to use it as the purchase fund even if he did not receive money from the injured party because the monthly income and the employee's wage of the store operated by the defendant at the time.

On the same day, the Defendant received total of KRW 4 million from the damaged party to the Agricultural Cooperative account in the name of the Defendant, KRW 1 million on February 4, 2015, KRW 1 million on February 12, 2015, KRW 6 million on three occasions, including KRW 1 million on February 12, 2015.

Accordingly, the defendant was given property by deceiving the victim.

4. On July 26, 2015, the Defendant against the victim E made a false statement to the victim E that he/she would sell opphones.

However, the defendant did not hold a normal opon, and at the time, he did not hold a opon.