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(영문) 부산지방법원 2014.11.17 2013고단7523

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates 'D' as a heating construction business chain, which has reported on visiting and selling business at the second floor of Ansan-si C commercial buildings in Ansan-si.

1. The Defendant found out an area where a marble row house or bridge was densely concentrated, and, when he did not immediately repair the boiler in a normal operation with respect to the boiler, the Defendant had the strawer or senior citizens, etc., who did not know about the boiler, replace the distribution machine, etc. as if the operation would soon be discontinued, and had them acquire the price.

On January 2, 2013, the Defendant made a false statement to the effect that “The boiler was replaced with pipes and distribution equipments” to the victim’s house after entering the victim’s house, stating that “The boiler was inspected as if the gas was inspected at the center of the victim F, which was located in the Busan Hung-gu E building 107, Busan, and that “I would see A/S for one year upon repair.”

However, since the boiler of the victim was normally operated, it is not necessary to replace a separate distribution machine in addition to the cleaning of pipes.

In addition, G, H, and I, an employee of the Defendant, did not have any knowledge or skills about boiler as a person recruited through rice Luxembourg, etc., and D did not have a branch office in Busan, and G, an employee of Busan, had no experience in repair of boiler, so it was impossible to repair the work for one year.

As such, the Defendant, by deceiving the victim as such, had the victim replace him, such as a distribution season, etc. in the seat, and received 250,000 won from the victim as repair expenses.

In addition, from around that time to January 29, 2013, the Defendant received a total of 5,140,000 won by the same method over 15 times as shown in the annexed crime list.

2. Any person who violates the Door-to-Door Sales, etc. Act shall inform or deceptive of false or exaggerated facts;