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(영문) 대전지방법원 공주지원 2017.09.15 2017고단182

사기

Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who acts as an agent for the import of agricultural machinery with the trade name of “C”.

1. On August 2016, the Defendant would purchase the victim E’s agricultural machinery that is good in a foreign country from the victim E’s house located in the former North Chang-gun.

Since the price of agricultural machinery is different depending on the type and condition, first of all, it will be possible to select an appropriate machine and receive the product more than three months after the deposit.

B. 10% of the introduction fee shall be exempted only.

“A false statement” was made.

However, the facts are that real estate held by the livestock cooperative has a debt equivalent to 600 million won, and there is no real property as security, and even if the defendant receives the purchase price for the agricultural machinery from the injured party, he did not have the intention or ability to purchase the agricultural machinery from the injured party because he did not intend to prevent repayment of personal debts or return of the purchase price for the agricultural machinery from other customers.

Nevertheless, the Defendant received 50,000,000 won around August 5, 2016, around September 2, 2016, around 49,000,000 won around September 2, 2016, and 5,000,000 won around September 9, 2016 from the victims to the agricultural bank account (Account Number:F) in the name of the Defendant, and acquired the property of the victim.

2. Around November 25, 2016, the Defendant listens to the horses that the said victim E’s house is required to receive a heavy refund from the injured party, and that it is necessary to receive a heavy refund from the injured party, and may purchase a heavy refund spraying machine in the United States.

40 days after arrival.

“A false statement” was made.

However, the facts are that real estate held by the livestock cooperative has a debt equivalent to 600 million won, and there is no real property as security, and even if the defendant receives the purchase price for the agricultural machinery from the injured party, he did not have the intention or ability to purchase the agricultural machinery from the injured party because he did not intend to prevent repayment of personal debts or return of the purchase price for the agricultural machinery from other customers.

Nevertheless, the defendant is on the same day from the injured party.