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(영문) 인천지방법원 2021.02.24 2020고정2281

사기

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who entered into an employment contract with B from April 18, 2016 to November 6, 2017 and performed a business.

On September 21, 2017, the Defendant received (State) E office operated by the victim DD in Seoul, Nam-gu, Incheon, and (State) E employee F who received (State)B’s goods. “When the Defendant pre-paid the price to the account designated by the Defendant, 10% discounts the price, and the Defendant paid the price of goods to B around October 31, 2017, which is the date of payment.

“The purpose of “ was to make a false representation.”

However, in fact, the defendant has already received advance payment several times from other transaction parties and repeatedly borrowed money in excess of his/her obligation by using it as a living expense, and even if he/she has received advance payment from the injured party, he/she only thought to be used as living expenses, etc., and did not have the intent or ability to pay the above goods to B on behalf of the injured party.

Accordingly, the Defendant received KRW 967,500 in cash from the injured party on September 21, 2017, under the name of deposit in around 14:56 on September 21, 2017, from the Saemaul Treasury account (H).

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has partially made a statement in court;

1. A written complaint of the police statement of D and a detailed statement of transfer of attached documents with regard to D [the defendant himself/herself was the police station that he/she had a high obligation for the victim at the time of demanding advance payment, ② was used to use the advance payment received from the injured party for daily expenses or to pay the advance payment received from other transaction parties in the same manner as that of other transaction parties, ③ was a plan to borrow money from the damaged party to the dispute resolution committee B by borrowing money from the third party, but it was not possible for the third party to make payment due to personal reasons.

According to the evidence of each judgment, including the above statement, the defendant is difficult to render financial status.