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(영문) 춘천지방법원 원주지원 2015.10.27 2015고단320

사기

Text

A defendant shall be punished by imprisonment for six months.

However, 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

On November 26, 2014, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for a crime of fraud in the original state branch of the Chuncheon District Court on November 26, 2014 and the judgment became final and conclusive on December 4, 2014.

1. Around March 28, 2013, the Defendant against the victim C, at the “Co. E” office operated by the victim C in Ulsan-gun, Ulsan-gun, the Defendant agreed to receive a transfer of waste-net cutting machine, which is owned by the victim, in return for the work to put about about 70 tons of waste-to-be located in the site of the victim’s office.

However, the fact did not have the intention or ability to keep the waste cut even if the waste cuter was transferred.

As such, the Defendant, by deceiving the victim, acquired the victim from the victim with approximately KRW 20,000,000,000 of the market price, and acquired it by transfer.

2. Fraud against victim F;

A. On February 11, 2014, the Defendant, at the office of “A Co., Ltd. H, which was operated by the Defendant in Gangnam-gun G, Gangwon-do,” concluded that “A victim F, who did not pay monthly wages, is not an employee. If the inventory is sold after this framework, he/she would lend KRW 3 million monthly wages to the Telecommunications employees.”

However, there was no intention or ability to pay money even if the defendant borrowed money from the victim because the economic situation of the above company operated by the defendant is difficult.

As such, the Defendant, by deceiving the victim, received KRW 3 million from the Agricultural Cooperative Account in the name of “H” managed by the Defendant from the victim.

B. On March 21, 2014, the Defendant concluded that “A” office of the said “H” corporation would be repaid to the victim up to KRW 3 million at a low time, if the victim loans KRW 1 million at a time.”

However, there was no intention or ability to pay the money even if the defendant borrowed the money from the victim because the economic situation of the above company operated by the defendant is difficult.

The defendant deceivings the victim as such and has been managed by the defendant from the victim.