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(영문) 광주지방법원 2015.10.29 2014고단3534

사기

Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

The Defendant, “2014 Highest 3534”, was a person who operates “D” located in Naju-si C, to the extent that he/she could no longer be supplied with different terms because he/she was unable to pay due to low operating performance and due to pressure on funds. Therefore, even if he/she purchased different terms from the victim E, it was difficult to pay the purchase price.

Nevertheless, the Defendant, at G agency operated by the victim in Yong-Namnam-gunF, concluded that “the Defendant would pay the purchase price after one month from the delivery of strings for vehicles” to the victim, and received from the victim, approximately 12R25 x MD21 x 10 x 14,3240,000 won from the victim on April 12, 2014, as the strings for vehicles equivalent to approximately 3.880,000 won from around 14, 12R25 x MD21 x 10,000 won from around 10,000 won from the 12R25 x 5,488,00 won from the 18th of the same month, as the strings for vehicles around 12R25 x 50,000 won from the 3rd of the same month.

The Defendant, “2014 Highest 4939,” who operated the said “D,” was unable to receive any other service because he/she was unable to pay the price because he/she failed to pay the price by going to the existing business partners due to poor business performance, and due to the failure to pay taxes. On March 28, 2014, the Defendant did not have an intention or ability to pay the price even if he/she purchased a car from the victim H even if he/she purchased the car from the victim’s H because he/she reported the business closure.

Nevertheless, at around 14:00 on May 26, 2014, the Defendant made a false statement to the victim H, who is an operator, at the J located in Gwangju Northern-gu I, stating that “A person who operates the K Motor Vehicle Industrial Complex in Ghana is a person who operates it. I will pay the price up to June 1, 2014 by supplying tynas.”

The Defendant received 18 1,396,000 won from the victim on the same day, including 195R15 typists, and the amount equivalent to 3,614,000 won at the market price around the 27th day of the same month.