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(영문) 인천지방법원 2012.10.30 2011고단5511

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On June 16, 2005, the Defendant was sentenced to four months of imprisonment with prison labor and eight months of imprisonment with prison labor for a crime of fraud, etc. at the Incheon District Court on October 28, 2005, and the enforcement of the sentence was terminated at the Incheon District Court on September 6, 201, and on September 15, 201, the Defendant was sentenced to two years of suspension of execution for one year of imprisonment with prison labor at the Incheon District Court on September 15, 201.

[2011 Highest 5511] Notwithstanding the lack of intent and ability to purchase machinery to the victim C, the Defendant, on January 24, 2007, concluded that the Defendant would purchase the machinery that shows health and food extraction equipment, etc. to the victim at a factory on the mutual infinite Hongcheon, Gangwon-do, 2007, and that it received 20 million won from the victim for the purchase price of machinery from the tin, namely, remittance from the victim.

[2011 Highest 5976]

1. The Defendant, at the time of embezzlement, was a person who sells used machinery at “E” located in “E”. Around March 2010, the Defendant sold food storage tank at KRW 9.5 million, which was requested by the victim F to sell from “E” and embezzled the proceeds on his/her own, using the proceeds for debt repayment around that time.

2. Fraud;

A. From Apr. 28, 2010, the defrauded of the purchase price for the middle and high mixing shall not have been secured within the above “E” office, and even if the fact is not sufficient to secure the middle and high mixing, it shall not have an intention or ability to seek money from the representative director of the Victim G G, the above F, despite the absence of an intention or ability to seek money from the F, shall be deemed to have secured the above F, “If it is sent the down payment, it shall be set up until May 15, 2010, and shall be ordered to be paid up until May 15, 2010.” After receiving the down payment from the victim, the Defendant shall be paid KRW 15 million to the victim. After that, the Defendant, within the above E office on Nov. 15, 2010, the fact shall be considered to have been requested by the victim to keep the products from H, and it shall be purchased normally by the victim.