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(영문) 대구지방법원 서부지원 2018.07.12 2017고단2335

사기

Text

A defendant shall be punished by imprisonment for not less than one month and four 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

1. On December 31, 2012, the Defendant committed the crime at the E cafeteria located in Daegu-gu, Daegu-gu, Daegu-gu, on September 2012, 2012, entrusted the victim F with the Daegu-do branch office of HH company that imported and sold the reproduction of the Japanese brand at present.

Since the purchase of a copy machine is short of KRW 100 million, it shall be used as the purchase fund for the copy machine, and the copy machine shall be sold and repaid immediately.

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

However, in fact, the defendant had been liable for the personal debt of KRW 45 million at the time, and the corporate account also had a debt of KRW 140,000,000,000,000. Thus, the defendant was willing to use the money that he received from the injured party as interest on the company's loan, payment to the customer, etc., and there was no intention or ability to repay the money by selling the money as agreed to by the injured party.

On December 31, 2012, the Defendant: (a) by deceiving the victim as above; and (b) obtained money from the victim with a new bank account (110341535169) in the name of SP Co., Ltd. on December 31, 2012 from the victim; and (c) acquired money from the victim with KRW 90 million as the borrowed money.

2. On July 4, 2014, the Defendant committed the crime on July 4, 2014, at the J office operated by the victim of the damage in the Daegu Suwon-gu, Daegu-gu, I, the Defendant sold 20 combined equipment to the Defendant “K in racing” in 2013, and supplied the composite equipment to K for racing viewing.

From K to K in 2014, it is expected that 50 combined flag 50s will be supplied for racing viewing, and therefore, you want to purchase more than 50 combined flag 50s, and you will sell more than 50 combined flag 50s to K from H Co., Ltd. (G-based direct importers).

When waiting for only five months, a total of 7,500,000 won per combined term as well as the recovery of principal may be earned.

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

However, there is no fact that K does not supply 50 combined equipment to the viewing of racing, and the defendant is from K.