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(영문) 부산지방법원 서부지원 2019.01.29 2017고단1738

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 became final and conclusive.

Reasons

Punishment of the crime

1. On November 2015, the Defendant concluded that “the victim would supply sand at the site of the E Corporation. He/she will deliver sand to the victim. He/she will pay the sand value after he/she received the payment from the original office after supplying sand to the victim at the site of the E Corporation.”

However, the facts revealed that the Defendant had been running a G sales business with investment from F at the time, while running a sand sales business, the Defendant had continued to be in the state of deficit equivalent to KRW 100 million, and from October 2015, the Defendant was demanded from F to refund the total amount of KRW 70,000,000,000,000, such as monthly wage, etc. sealed with the investment deposit from F from October 2015, but the Defendant did not refund the investment deposit, etc. because of the lack of funds. Even if the Defendant was paid by the victim after being supplied with sand from the victim, the Defendant was required to use the said FF investment deposit, the operating expenses of the company, etc. even if being supplied with sand from the victim, and there was no intention or ability to pay the victim

Ultimately, the Defendant, by deceiving the victim as above, received sand equivalent to KRW 83,946,00 ( KRW 92,340,600 if the penalty tax is included) from the victim on December 2015, 201, KRW 25,194,00 around January 2016, and KRW 10,336,00 around March 2016, as well as KRW 83,946,00 ( KRW 92,340,600 if the penalty tax is included).

2. On April 2016, the Defendant, at the office of the above victim, purchased and supplied 300 sand in the amount of KRW 60 million in the face of a week, to show the amount of KRW 30 million in a vehicle.

On the other hand, among them, only 100 copies of sand will first be brought about, and the proceeds will be made after 2 to 3 days.

The phrase “the phrase was false.”

However, the defendant did not have the intent or ability to pay the price by the agreed date even if he had the sand first with the victim's sand for the above reasons.

Ultimately, the defendant deceivings the victim as above and belongs to it.